HomeMy WebLinkAbout00-00272
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Martin S. Weisberg, Esquire
LD. No. 51520
Robert J. Murtaugh, Esquire
LD. No. 57494
CAPLAN & LUBER, LLP
40 Dalby Road
Paoli, PA 19301
Telephone: 610-640-1200
Fax: 610-640-9865
Allom S for Plaintiff
TMS MORTGAGE INC., d/b/a THE
MONEY STORE,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
C'Ut (-~
v.
NO: ..:2000 - d...7~
ROBERT A. HOPPER,
CIVIL ACTION
Defendant.
MORTGAGE FORECLOSURE
COMPLAINT - CIVIL ACTION
NOTICE TO DEFEND
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to do
so the case may proceed without you and a judgment may be entered against you by the court without
further notice for any money claimed in the complaint or for any other claim of relief requested by
the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VE
ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
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A VISO
LE RAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas
demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo a1 partir de la
fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita 0 en persona 0 con
un abogado y entregar a la corte en forma escrita sus defensas 0 sus objecciones alas demandas en
contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede
continuar la demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decidir
a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda.
Usted puede perder dinero 0 sus edades u otros derechos importantes para usted.
LLEVEESTADEMANDAA UN ABOGADO INMEDIATAMENTE. SINO TIENEABOGADO
o SINO TIENEELDINERO SUFICIENTEDEPAGAR TAL SERVICIO V AYAENPERSONA
o LLAME POR TELFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA
ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTANCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
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Martin S. Weisberg, Esquire
J.D. No. 51520
Robert J. Murtaugh, Esquire
J.D. No. 57494
CAPLAN & LUBER, LLP
40 Darby Road
Paoli, PA 19301
Telephone: 610-640-1200
Fax: 610-640-9865
Attorn for Plaintiff
TMS MORTGAGE INC., d/b/a THE
MONEY STORE,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO: .:LtJ7JO. .;l '7 2.
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ROBERT A. HOPPER,
CIVIL ACTION
Defendant.
MORTGAGE FORECLOSURE
COMPLAINT IN MORTGAGE FORECLOSURE
Plaintiff, TMS Mortgage Inc., d/b/a The Money Store, brings this action in mortgage
foreclosure upon the following cause of action:
1. Plaintiff, TMS Mortgage Inc., d/b/a The Money Store ("Plaintiff"), is a corporation
with a principal place of business c/o The Money Store, 4111 S. Darlington, Suite 800, Tulsa, OK
74135.
2. The last known address oIDefendant, Robert A. Hopper is: 257 N. 24th Street, Camp
Hill, PA 17011.
3. Robert A. Hopper executed a mortgage with Pennsylvania State Bank, on October
13,1998 (the "Mortgage"), in the amount of $200,000.00, which Mortgage was recorded with the
Recorder of Deeds of Cumberland County on October 19, 1998 in Mortgage Book 1490, Page 354.
The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R. C.P. No.
F,\DQCSI1513\270.HOPIPLEADINGICOMP.DOC
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1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and
is incorporated herein by reference as though fully set forth at length.
4. Pennsylvania State Bank assigned all right, title and interest in the Mortgage to Aurora
Financial Group, Inc., which assignment was recorded in the Recorder ofDeeds Office for the County
of Cumberland on October 19, 1998, in Book 592 at Page 262.
5. Aurora Financial Group, Inc. assigned all right, title and interest in the Mortgage to
Eastern Mortgage Services, Inc., which assignment was recorded in the Recorder of Deeds Office
for the County of Cumberland on October 19, 1998 in Book 592 at Page 262.
6. Eastern Mortgage Services, Inc. assigned all right, title and interest in the Mortgage
to TMS Mortgage Inc., d/b/a The Money Store, which assignment was recorded in the Recorder of
Deeds Office for the County of Cumberland on March 16, 1999 in Book 606 at Page 1013.
7. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal
successor in interest to the original mortgagee, or is the present holder of the Mortgage by virtue of
the above-described assignments.
8. Each Mortgagor named in paragraph 3 above executed a note as evidence of the debt
secured by the Mortgage (the "Note"). A true and correct copy of the Note is attached hereto and
marked as Exhibit "B" and is incorporated herein by reference as though fully set forth at length.
9. The real property which is subject to the Mortgage is generally known as 257 North
24th Street, Borough of Camp Hill, Cumberland County, Pennsylvania (the "Mortgaged Premises").
The legal description of the Mortgaged Premises is attached hereto and marked as Exhibit "C" and
is incorporated herein by reference as though fully set forth at length.
1 O. The interest of each individual Defendant is as Mortgagor, Real Owner or both.
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11. If any Defendant above-named is deceased, this action shall proceed against the
deceased Defendant's heirs, assigns, successors, administrators, personal representatives and / or
executors through his / her estate.
12. The Mortgage is in default because the montWy payment of principal and interest and
other charges stated below, all as authorized by the Mortgage, are due as of July 1, 1999 and have
not been paid, and upon failure to make such payments when due, the whole ofthe principal, together
with the charges specifically itemized below are immediately due and payable.
13. The following amounts are due as of December 16, 1999:
Principal of Mortgage debt due and unpaid. . . . . . . . . . . . . . . . . . . . $199,519.07
Interest due and owing as of December 16, 1999
at 11.3%, $62.47 per diem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12,431.53
Late Charges of$97.51 per month
assessed on the 16th day after payment is due. . . . . . . . . . . . . . . . . . . . .. 867.59
Suspense ................................................ (619.99)
Unpaid NSF Charges ......................................... 45.00
Unpaid Other Charges ........................................ 10.00
Corporate Advance ......................................... 110.00
Recording Fees .............................................. 14.00
Attorneys' fees ............................................ 9,975.95
Court Costs
145.50
Title Report
330.00
TOTAL
$222.828.65
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14. Interest accrues at a per diem rate of$62.47 and late charges accrue at a monthly rate
of$97.51 assessed on the 16th day payment is past due for each date after December 16, 1999 that
the debt remains unpaid, and Plaintiff may incur additional attorneys' fees and costs as well as other
expenses, costs and charges collectable under the Note and Mortgage.
15. Notice of Intention to Foreclose pursuant to 41 P .S. ~ 403 and Notice pursuantto the
Homeowner's Emergency Mortgage Assistance Act of 1983,35 P.S. ~ 1680.402c, et sea., was
mailed to each individual Defendant via regular mail and certified mail, return receipt requested, on
August 16, 1999. A true and correct copy of said notice is attached hereto and marked as Exhibit
"D" and is incorporated herein by reference as though fully set forth at length.
WHEREFORE, Plaintiff demands judgment against Defendant, Robert A. Hopper, for
foreclosure and sale of the Mortgaged Premises in the amounts due as set forth in paragraph 13,
namely $222,828.65, plus the following amounts accruing after December 16, 1999, to the date of
judgment: (i) interest at a per diem rate of $62.47; (ii) late charges of $97.51 per month, assessed
on the 16th day payment is past due; and (ill) additional attorneys' fees hereafter incurred and costs
of suit.
Date:
LUBER, LLP
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UNLESS YOU NOTIFY US IN WRITING WITHIN THIRTY (30) DAYS AFTER RECEIPT OF
TIDSLETTER THAT TIlE DEBT, OR ANY PART OF IT, IS DISPUTED, WE WILL ASSUME
THAT TIlE DEBT IS VALID. IF YOU DO NOTIFY US OF A DISPUTE, WE WlLL OBTAIN
VERIFICATION OF THE DEBT AND MAIL IT TO YOu. ALSO UPON YOUR WRITTEN
REQUEST WITHIN THIRTY (30) DAYS, WE WILL PROVIDE YOU WITH TIm NAME AND
ADDRESS OF TIlE ORIGINAL CREDITOR IF DIFFERENT FROM THE CURRENT
CREDITOR. TIllS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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DEC-20-1999 14:19
CAPLAN & WEER
610 640 986S P.09/09
VERIFICATION
I. Theresa Morris, Senior Litigation Specialist, hereby certifY that I am an agent for Plaintiff
and am authorized to make this verification on its behalf. I verifY that the facts and statements set
forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of my
knowledge, infonnation and belief. This Verification is made subject to the penalties of 18 Pa. C.S.
~ 4904 relating to unsworn flI1sification to authorities.
Date: /2 -2..0 .'79
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Pan:eJ Number:
(5pa<:e Above This Line Fot' Recording Datal
Loan ID: 28520
ORIG\NAL
MORTGAGE
. THIS MORTGAGE ("Security Instrument") is given on
ROBERT A. HOPPER. A Married Man
QcCober 13th, 1998
. The mongagor is
rBorrower~}. This Security Instrument is given to
pENNSYLV1lNIA STATE BANK
which is organized and, exi.,sting under the, laws of . COMMONWEALTH OF P2!mSYINANIA.
address is 2148 MARK:sT ST~BT, CAMP 'HILL, PA 17011
. and whose
("Lender"). Borrower owes Lender the principal sum of
Two Hundred Thousand and no/lOO--------
Dollars (U.S. S 200,000.00 ).
This debt is evidenced by Borrower's nOle ,dated the same date as this Security Inslrument ("Note"), which provides for
monthly paYments. with the full debt, if not paid earlier. due and payable on November 1st. 2013
This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest. and all renewals,
extensions and modifications of the Note; (b) the paymtnt of alL other sums, with interest, advancecl under puagraph 7 to
protect the security .of this Security lnstroment; and (e) the performance of Borrower's covenants and agreements under this
Security Instroment and the Note. For this purpose, Borrower does hereby mortgage. grant and convey to Lender the following
described property located in CUMBERLAND County, Pennsylvania:
R~FlNANCE RECITAL:
Bl!lNG THE SAMe: PREMISes CONVEYED TO THE MORTGAGORS, ROBBRT A. HOPPER
UNOERTHEDEEDFRO,MJEFFREY BARTLETT & MARIANNE S. BAR.TLETT, his wife ~DATEDOl/29/88
AND RECORDED 02/01/88 IN THE CUMBERLAND COUNTY IREGISTRAR OFDEEOS OR CLERK'SI aFAeE IN DEED
BOOK B-33 PAGE 101 . THE WITHIN MORTGAGE IS A FIRST MORTGAGE GIVEN TQ SECUR&A lOAN IN THE
AMOUNT HEREiN MENTIONED AND CONSTITUTES A FIRST AND PRIOR UEN ON THE SAID PREMISES. THE ATTACHED DESCRIPTION IS IN
ACCORDANCttWlTH A S-URVEY MADE BY OA rea
BSNG KNOWN AS TAX ~# ***** 'BLOCK# . ON THE OFFICIAL TAX MAP OF THE
BORO OF CAMP HILL COUNTY OF CUMBERLAND STATE OF PENIYSYlVAI\IIA.
wbich has the address of 257 N. 24TH STREET, CAMP ~LL 15trcct.CltyJ.
Pennsylvania. _ 17011 (ZlpCodel rPropertyAddress");
PENNSYLVANIA-Slnglll Famlly-fflMAJFHLMC
UNIIOORM INSTRUMENT Form 3039 9190
.G<!I-6R(PA) (94101 Amended 519'
VMPMORTGAGEPOFIMS-lll0m521-72S1 ~
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0040404907RMG - 60
Parcel #01-21-0271-075
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TOGETHER WITH all the improvements now or hereafter erected on the propeny, and all easements; appurtenancea. _~d
fixtures now or hereafter a part of me property. An replacemems and additions-Jhall also be covered by ihis..Secunty.
Instrument. All of the foregoing is referred to in this Security Instrument as the "Propeny. " ' .... . .
BORROWER COVENANTS that Borrower is lawfully seised of the eslat:e hereby conveyed and ~ the right to mongage,
granl and convey the Propeny and that the Propeny is unencumbered, except for encumbrances of record. Borrower ~warrantJ.
and will defend generally me tide to the Property against all claims and demands. subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform. oovenants for national use and non-uniform covenants wirh limited
variations by jurisdictioD to constitute a uniform security instrument covering real property.
UNlFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment or Principal and Interest; Prepayment and Late ChargeS. Borrower shall promptly pay when due the
pTincipal of and iDterest on the debt evidenced by the Note and any prepayment and laIe charges due under the Note.
2. Funds for Taxes and Insurance. Subjecl to applicable law or to a written waiver by Lender. Borrower shall pay to
tender OR the day monthly payments are due under me Note, untillhe Note is paid in full, a S\Im(~Funds.) for: (a) yearly taxes
and assessments whicb may attain priority over this Security Instrument as a lien OD dle PropertY; (b) yearly leasehold payments
or- ground rent'!; on the Property, if any; (c) Yl58Ily hazard or property it1SUrance premiums; (d) year\y 9-0Q(.qI~S~ pretplUII'l$.
if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower ro Lender, "in _accordat1ee" with
the provisions of paragraph 8, in lieu of the payment of mottgage insurance premiums. These ilems are called. "Escrow Items."
Lender may. at any time, collect and hold Funds in an amounl not to exceed tbe maximum amount a lender for a federally
related mongage loan may require for Borrower's etcrow account under the- federal Real Estate Settlement Procedures Act ()f
1974 as amended from time to time. 12 U.S.C. Section 2601 et seq. ("RESPA "), unless another law thar applies to the Funds
sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not 10 exceed the lesser amOUR[.
lender may estimate the amount of Funds due on the basis of current data and reasonable estima!es of expenditures of future
Escrow Items or otherwise in accordance with applicable law.
The Funds shall be held in an institution whose deposilS- are, insured by a federal agency, inslnlmentality. or entity
(including Lender, if Lender is such an instilution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the
Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing me escrow account, or
verifying the Escrow Items, unless I.ender pays Borrower i11lereS1 on the Funds and applicable law permits Lender to make such
a charge. However, Lender may require Borrower to pay a one-time charge for an independent real esEate laX reporting service
used by Lender in connection with this loan, unless ,applicable law provides otherwise. Unless an agreement is made or
applicable law requires interest to be paid, Lender shall nOI be required to pay Borrower any interest or earnings on the Funds.
Borrower and Lender may agree in writing, however. that illleJ'esl shall be paid on the Funds. Lender shall give 10 Borrower.
without cbarge. an annual accounting of the Funds, showing credits. and debits. to the Funds and the purpose for whicl1 each
debit to the Funds was made. The: Funds_are pledged as additional security for all sums secured by this Security Instrument.
If the Funds held by Lender exceed tb.e amounts penniued 10 be held by applicable taw, Lender shall account to Borrower
for the excess Funds in accordance with the requirements of applicable law. If tbe amount of the Funds held by Lender at any
time is not liUfficiein 10 pay the Escrow Items when due.. Lender may so notify Borrower in writing. and. in such case Borrower
shall pay 10 Lender the amount i1ecessary to make up lhe deficiency. Borrower shall make up the deficiency in no more than
twelve monthly paymenls, at Lender's sole discretion.
Upon payment in full of all sums secured by this Security InsnumeIlt, Lender shall promptly refund to Borrower any
Funds beld by Lender. If, under paragraph 21. Lender sball acquire or sell the Property, Lender, prior to the acquisition or sale
of the Property, shalt apply any Funds held by Lender at the lime of acquisition or sale as a credit againsl the sums secured by
this Security InstrUment.
3. A~plication of Payments. Unless applicabJe law provides otherwise, all payments received by Lender under paragraphs
I and 2 shall be applied; fIrst. 10 any prepayment charges due under the NOle; second, to amotunS payable under paragraph 2;.
third, to imerest due; fourth, to principal due; and last, to any late charges due under the Nole.
4. Chrgesj Liens, Borrower shall pay all taxes, assessments. charges, fines and impositions attributable 10 the Property
which may attain priority over Ibis Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay
tbese obligations in the manner provided in paragraph 2. or if not paid in Iha1 manner, Borrower shall, pay them on time directly
[0 the person owed payment. Borrower shall promptly furnish to Lender aU notices of amounlS to be paid under this paragraph.
If Borrower makes these payments directly, Borrower shall promptly furnish to Lendet receipts evidencing the payments.
Borrower shall promplly discharge any lien which has priority over this Security Instromcnt unless Borrower: (a) agrees in
writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) COnteslS in good faith the lien
by, 01' defends against enforeement of the lien in. le.gaI. proceedings wh\ch in th~ Lender's opinion operate. to -prevent the
enforcement of the lien; or (c) secures from tbe holder of the lien an agreement satisfactory to Lender subordinating the lien to
this Securily InstIl1.01ellt, If Lender determines that: any part of the Property is subject to a lien which may attain prioritY over
this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or
mare of the actions set forth above within LO days of the giving of notice.
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. ,.. '5,. Hazard or Property .Ins~. Borrower snaIl keep the improvements now existing or hereafter erected on the
.'Propeity.if!SUIed against loss 1Jy fue,liazards included within Ihe tenn "extended coverage- and any other hazards, including
flootl:s or flooding, for. which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods
, that Lc;nder requires..The insurance carrier provi.ding the insurance shall be chosen by Borrower subject to Lender's approval
which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's
option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender
shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of
paid premiums and renewal nolices. In the event of loss, Borrower shall give prompt no_tice to the insurance carrier' and Lender.
Lender may make proof of Loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in wridng, insurance proceeds shall be applied to restoration or repair of the
Property damaged, if the restoration or -repair is economically feasible and Lender's security is not lessened. If the restoration or
repair is not .economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums
secured by this Security Instrument, whether or not then due. with anY excess paid to Borrower. If Borrower abandons the
Propeny. or does not atll>wer within 30 days a notice from Lender that the insurance carrier has offered to acule a claim, then
Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums
secured by this Security Instrument, whether or not then due. The 3(H1ay period wilt begin when the notice is given.
Unless Lender al'\d Borrower otherwise agn:e in writing, any tlpplication of proceeds 10 principal shall not extend or
postpone the due date Of tbe monthly payments referred to in paragraphs 1 and 2 or change lhe amount of the payments. If
under paragraph 21lbe Property is acquired by Lender. Borrower's right to any insurance policies and proceeds resulting from
damage to the Propeny prior to the acquisition shall pass to Lender to the exlent of the sums secured by this Security Instrument
immediately prior to the acquisition.
6, Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan AppUcationj Leaseholds.
Borrower shall occupy., establish, and use the Property as Borrower's principal residence within sixty days after the execution of
this Security Instrument and shall continue to occupy the Property as Borrower's p~ncipal residence for at least one year after
the date of occupancy, ~less .Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless
extenuating cii-cwi1stances e"xist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the
Property, allow the,Propeny to. deteriorate, or commit waste on the Propeny. Bonower shall be in default if any forfeitu~
aClion or proceeding, wbether civil or criminal, is begun that in Lender's good faith judgment C9Uid result in forfeiture of the
Propeny or otherwise materially impair ihe lien created by this Security Insll'Ument or Lender's security interest. Borrower may
cure such a default and reinstate, as provided in paragraph 18, by causing the acriOtl or proceeding to be dismissed whh a ruling
that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other materia)
impairment of the lien created by this Security InStrument or Lender's security interest. Borrower shall also be in default if
Borrower, during the loan application process, gave marerially false or inaccurate information or sta1ements to Lender (or failed
10 provide. Lender with any malerial information) in connection with the loan evidenced by the Note, including, but not limited
to, representations concerning Borrower's occupancy of the Propeny as a principal residence. If this Security Instrument is on a
leasehold, Borrower shall comply with all the provisions of the lease. If Borrower .acquires fee title to the Property.- the
leasehold.and the fee title shall not merge unless Lender agrees to the merger in writing. ,
7. Protection or Lender's .Rights in the Property. If Bouowcr'fuils to perform the covenant5 and agreemeri.ts contained in
this Security Instrument, or there is a legal proceeding that may significantly affeCt Lender's rights in the Propeny (such as a
proceeding in bankruplc.y, probate, for condemnation or forfeiture or_to enforce laws or regulations),_ then Lender may do and
pay for whatever is necessary to protect the value of the Property and Lender's rights in the Propeny. Lender's actions may
include paying any swns secured by a lien which has priority over this Security Instrument, -appearing in court, paying
reasonable attorneys' fees and enlering on the Property to make repairs. Althougb Lender may take action under this paragraph
7. Lender does not bave to do so.
Any ,amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this
Security Instrument:. Unless Borrower and Lender agree to other terms of payment, these amounts shal) bear interest from the
date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting
payment.
8, Mortgage Insurance. If Lender requited mortgage insurance as a condition of making the loan secured by this Security
Instrument, Borrower shall pay the premiums required to maintain the mongage insurance in effect. If, for any reason, the
mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required 10
obtain coverage substantially equivalent to th.e mortgage insurance previously in effect, at a cost substaJUially equivalent to the
cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If
substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to
one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to
be in ~!fect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve
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paymems may no longer be required. at me option of Lender, if moltgage insurance coverage (in the amount and for the period
that Lender requires) provided by an insurer approved by Lender again becomes avaijtblc ~d is obtained. Bo~eroljhai1 pay.
the premiums required to maintain mortgage insurance in effect. or to provide a loss reserve, untiJ the requiremenf Jot niongap.
insurance ends in accordanCe with any written agreement between Borrower and Lender or applicable l~. . .
9. [nspectlou. Lender or its agent may make reasonable entries upon and inspections of me Property. Lender sltall give
Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. ..
10. CODdemnatioJl. The proceeds of any award or claim for damages, direct or consequential. in connection with any
condemnation or other caking of any pan of the Propeny, or for conveyance in lieu of condemnation, are hereby assigned and
shall be paid 10 Lender.
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrumenl,
whetber or not tben du~, with any excess paid to Borrower. In the event of a panial taking of the Propeny in which lite fair
market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this
Security Instrument immediately before the taking. unless Borrower and Lender otherwise agree in writing, the sums secured by
this Security instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total
amount of the sums secured immediately before the taking. divided by (b) the fair market value of the Property immediately
before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in whicb the fair
market value of the Propeny immediately before the takiog is less than the amount of the sums secured immediately before the
laking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall
be applied tQ the sums ~recl by this Security Instrument whether or n~t the sums are then due.
Jf the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an
award or settle a claim for damages. Borrower fails to respond to Lender wimin 30 days after the date the notice is given,
Lender is authorized to collect and apply the proceeds. at its option. either to Iei$toration or repair of the Property Q1' to the sums
secured by this Security Inslromen[, whemer or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds [0 principal shall not extend or
postpone the due date of the monthly payments referred to in para_graphs 1 and 2 or change lite amount of such payments.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of me time for payment or modification
of amortization of the sums secured by this Security InstrumenE granted by Lender to any sutceSsor in interest Qf Borrower shall
not operate to release tht: liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to
commence proceedings againsl any successor in iotere:u or refuse to extend time for payment or otherwise modify amonization
of the sums secured by this 5ecurhy Instntment by reason of any demand made by the original Borrower or Borrower's
successors in interest. AnY forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the
exercise of any right or remedy.
12. Successon and Assigns Bound; Joint and Several Liability; Co-signers. The covenanls and agreements of this
Security lnstniment shan bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of
paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security
Insuumem but doal not execute the Note: (8) is co-signing this. Security mSl:rument only to mortgage, grant and convey Ibal
Borrower's interest in the Property-UDder_the terms of this Security Instrument; (b) is Dot personally obligared to pay the sums
secured by this Security Instrumem; and (c) agrees I:hat Lender and any other Borrower may agree to extend, modify, forbear or
make any accommodatio~ with regard to the terms of this Security Instrumem or the Note without that Bo~wer's coosent.
13. Loan Charges. If the loan SCCUlW by this Security fnstrumem is subject to a law which sets maximum loan charges,
and that law is finally iI1terpreted so that lbe interest or other loan charges collected or to be collected ia connection with the
loan exceed the penniued -limits, then: (a) any such loan charge shall be reduced by dIe amount necessary'to reduce Ihe charge
to the permitted limit; attd (b) any sums already collecEed from Borrower which exceeded permilled limits will be refunded to
Borrower. Lender may choose to make this refund by reducing the principal owed under the NQ[c or by making a direct
payment to Borrower. If a refund reduces principal, lite reduction wilt be tre_ated as a partial prepayment wimout any
prepayment charge under the Note.
14. Notices. Any notice to Borrower provided for in tllis Security Instrument shall be given by delivering it or by mailing
it by first class mail unlc:ss applicable law requires use of another method. The notice shall be directed [0 me Property Address
or any orner address Borrower designates by notice to Lender. Any notice to Lender shall be given by firs~ class mail to
Lender's address stated herein or any other address Lender designates by notice 10 Borrower. Any notice provided for in this
Security Instrument shall be deemed to have been given to Borrower or Lender whe_n given as provided in this paragraph.
15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the
jurisdiction in which lite Propeny is located. In Ihe event fhat any provision or clause of this Security Instromenr. or the Note
conflicts with applicable law, such conflicl shall nol affect other provisions of this Security Instrument or the Note which can be
given effect without the conflicting provision. To mis end the provisions of [his Security Instrument and the Nole are declared
to be severable.
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security lnslOunent. /'
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.... l'1..Transfer oftbe Propt!rty or'e Beneficiallntel't!:St In Borrower. If all or any pan of me Propeny or any interest in it
~ is'~d or ttansferred (or if a benefic\a1 interest in Borrower is sold or uansfened and Borrower is not a natural person) without
b:nd~r's prior wriuen consent, Lender may, at its option, require immediate payment in full of all sums secur:ed by this
. Sec~~ Instrument. E:owever, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the dare
of this. Security.lnstrument.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not
Jess than 30 days from the date. the ,notice is delivered or ~Ied within which Borrower must pay all sums secured by this
Security Irnimament..lf Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies
permilled by this Securiry Instrwnent without further notice or demand on Borrower. .
18. Borrower's Right -to Reinstate. If Borrower meets certain conditions, Borrower shall have the rigbt to have
enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as
applicable law may specify for reinstatement) before sale of the Property punuant to any power of sale comained in this
Security Instrument; or (b) f;Q1ry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays
Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b)
cures any default of any other covenants or agreements; (c} pays all expenses incurred in enforcing tbis Security Instrument,
includi~g. but not limited to, reasonable auomeys' fees; and (d) takes such action as Lender may reasonably require to assure
that the lien of this Security Inst:nunent. Lender's rights in the Propeny and Borrower's obligation to pay the SUtll$ secured by
this Security Instnllnent shalt continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the
obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall
nOI apply-~n me case of :iCcderation under paragraph t7.
19. Sale of Note; Change or Loan Servicer. The Note or a partial interest in the Note (together with this Security
Instrument) may be sold one or more tiDlCS without prior notice to Borrower. A sale may result in a change in the entity (known
as the "Loan Servicerit) ilial collecls monthly payments due under the Note and this Security [nstrument. There also may be one
or more changes of the Loan ServicerUIlrelated to a sale of the Note. If there is a change of the Loan Servicer, BorrowerwiU be
given written notice of the change in accordance with paragraph 14 above and applicable law. The notice wi11 state the name and
address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other
information required by applicable law.
20. Hazardous Substances. Borrower shall not eam.e or permit the presence, use, disposal, storage, or release of any
Hazardous Substances on or in the Property. Borrower shall not do. nor allow anyone else to do, anything affecting the
Property thaI.- is in violation of ,any Environmental Law. The preceding two sentences shall not apply to the presence, use, or
storage on the Propeny of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal
residential uses and to maimenance of me Propeny.
Borrower shall promptly give Lender written notice of any investigation. claim, demand, lawsuit or other action by any
governmental or regulatory agency or private party involving the Propeny and any Hazardous Substance or Environmental Law
of which Borrower has; actual knowled&e. If Borrower learns. or is notified by any governmental or regulatory authority, mal:
any relIlQval or other remediation of any Hazardous Substance affecting the Propeny is necessary, Borrower shall promptly take
all necessary remedial actions in accordlUlCC with Environmental, Law,
A! used in this paragraph 20. "Hazardous SubstanCes" are those substances deftned as toxic or hazardous substances by
Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic
pesticides and herbicides, volatile solveilts, materials containing asbestos or fonnaldehyde, and radioactive materials. As used in
this paragraph 20. "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that
relate to health. safety or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
:t1. 'Acceleration; Remedies. Letlder shall give notice to Borrower prior to acceleration tou.owlng Borrower's breach
of any Covenant or agreement in this Security Instrument (but Dot prior to ac:ceieratiOD under paragraph 17 unless
appliwble law provides otherwise). Leudet. shall notify Borrower of, among other things: (a) the defaolt; (b) the action
requ'red to wre the- default; (c) wben the default must be cured; and (d) that failure tp cure the default as specified may
result in acceleration of the sums Sec1lI'ed by tbis Security Instrument, foreclosure by judicial proceeding and sale of the
Propeny. Lender shall further infonn Borrower of the right to reinstate after acceleration and the right to assert in the
foreclusUN proceeding the non-existence of a default or any other defense of,Borrower to aceeleration and foreclosure. If
the default f:i not cut'ed as specified, Lender, at Its option, may require bnmediate payment in fun of all sums secured by
this Security Instrument without furtber demand and may foreclose this Security In.strument by judicial prOceeding.
Lendet. sball be entttled to coUect .n expenses incurred in pursuing tbe remedies provided in this paragraph 2L,
including, bui not llmited to, attorneys' fees and costs of title evidence to the extent pennitted by applicable law.
22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate
conveyed shdlterminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument
witliout charge to Borrower. Borrower sball pay any recordalion costs.
:0. WaivefS. Borrower. to the extent permitted by applicable law. waives and releases any error or defects in proceedings
to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for slay of execution,
extension oftime, exemption from attachment. levy and sale, and homestead exemption.
24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the
commencement of bidding at a sheriff"s sale or other sale pursuant to this Security Instrument.
25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Bonower to acquire title
to the Property, this Security Instrument shall be a purchase money mortgage.
26. Interest Rate After Judgmel1t. Borrower agrees that the interest rate payable after a judgment is entered on the Note
or in an action of mortgage foreclosure shall be the rare payable from time to time under the Note.
form 3039 9190
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27. Riden to this Seeurity Instrument. If one or more riders are executed by Borrower and recorded together with tb.is
Security Instrument, the covenantS and agreements of each such rider sball be incorporated inlo and shall amend and supplement
the coven.ants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument.
[Check applicable box(es)]
o Adjustable Rate Rider
o Graduated Paymenr Rider
IX] Balloon Rider
o V.A. Rider
B Condominium Rider
Planned Unit_.Development Rider
D Rate IlI).prove,mem Rider
D Otber(s) [specify] ~
o 14 Family Rider
D Biweekly Payment Rider
o Second Home Rider
BY SIGNING BELOW. Borrower accepls and agrees to the lerms and covenants contained in this Security'.
in any rider(s) executed by Borrower and recorded witb it.
Witnesses:
~{/c( LLI li (.i .in, ~ I ( ii ((il;
ROBERT A. HOPPER
(Seal)
-Borrower
Certificate of Residence
I. Diana McDaniels
the within.named Mongagee is
(Seal)
.Bonowcr
(Seal)
-Borrower
(Seal)
-Bonower
. do hereby certify thai the correct address of
2148 MARKET STREET. CAMP HILL. PA 17011
day of October . 1998 .
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person whose name is subscribed to the within instrument and kn~:O~I:~:r~::i. _~~,~~~~'lie the
executed the same for the purposes herein' cOntained.
IN WITNE5sWHEREOF. lheteuoto set my band and official seal,-/ /'! . ,. " '1"/.) l"'.' I./i
My Commission Expires: .... \..l.I..L. ",.LA... ,;.: :\.!...~ -:.-\. ~ L, _I '. .
Witness my hand this 13th
COMMONWEALTH OF PENNSYL VANIA.
CUMBERLAND
On this. the 13th day of
personally appeared ROBERT A. HOPPER
October
. 199'8
No1aIialSeal
.VaIsrle S. Stacknidt, N~ PubNc
Shlremanslown 130m. Cumberland County
My Commission Expires Nov. 30. 2000
_~6R(PAI IS4.101 Member. Permsylvanla Association of Nolaries
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Form 3039 9190
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BALLOON NOTE .
r .... (Fixed Rate) Loan lJ: 28520
THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE
PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. THE LENDER IS
UNDER NO DBUGATION TO REFINANCE THE LOAN AT THAT TIME. YOU WIll.
THEREFORE. BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU
MAY OWN, OR YOU WILL HAVE TO FIND A LENDEI!, WHICH MAY BE THE LENDER YOU
HAVE THIS LOAN WITH, WILLING TO LEND YOU THE MONEY. IF YOU REFINANCE THIS
LOAN AT MATURITY. YOU MAY HAVE TO PAY SOME OR All OF THE CLOSING COSTS,
NORMAllY ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM
THE SAME LENDEI!.
~
October ~3th, 1995
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257 N. 24TH STREET,
PENNSYLVANIA
I_I
CAMP HILL
(city]
CAMP HILL, PENNSYLVANIA
17011
(PrupettyAddrcss]
1. BORROWER'S PItOMISE TO PAY
In return for.aloan.tbat I have received, I promise to PaY U.S. $
"principal"), plus interest, to the ,order Df the Lender. The Lender is
200,000. DO (this amount is called
PENNSYLVANrA STATE SANK
I understand tbat the Lender may craosfer this Note. The Lender or anyoQe wbo takes this Note by crmsfer and who is
entitled to receive payments under this Note is called the "Note'Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a
yearly rate of 'l~.300 %.'
The interest rate required by I:bis Section 2 is the rate,1 will pay both before and after any default described in Section
6(B) oftbfs Note.
3. PAYMENTS
(A) Time and P1aee of Payments
1 will pay principal and interest by making payments every month.
I will mSke my monthly payments on the 1st day of each month beginning on December 1,st ,
1998 . 1 will make these payrrtents every month until I have paid all of the principal and uucrest and any other
charges described below that I may owe under this Note. My monthly payments will be applied to interest before
principal. If, OIl November 1st, 2013 ,I still owe amounts undertbis
Note, 1 will pay those amounts in full on d1a1 date, which is called the "Maturity Date."
IwiU make my IDC)nthly payments at 2149 MARKET STREET, CAMP BILL, PA 17011
or aI a differenl place if required by the Note Holder.
(8) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $
1,950.12
4. BORROWER'SRlGHTTOPREPAY
I haVe the right to make payments of principal at any time before they are due. A payment of principal only is known
as a "prepayment:' Wben I make a prepayment, 1 will tell the Note Holder in writing that 1 am doing so.
r may make a full prepaymem or partial prepayments without paying any prepayment charge. The Note Holder will use
all of my prepayments to reduce the amoun; .at .~~ipa1 that I owe under this Note. If I make a partial prepayment., there
wilJ be no changes in the due date ot in me amount of my monthly payment unless the Note Holder agrees in writing to
those Changes.
S. LOAN CHARGES
If a law, which applies to this loan and which sets IIlUimumloan charges, is finally interpreted so that the interest or
other loan charges collected or to be collected in connection with this loan exceed the permitted limits. then: (i) any such.
loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already
collected from me which exceeded permitted limits will be refunded co me. The Note Holder may choose to make Chis
refund by reducing the principal 1 owe uiu1er this Note or by making a direct payment to me. If a refund reduces principal,
the reduction wiD be- treated as a pMtiaJ prepaymem. -
6. BORROWER'S FAILURE TO PAY ASREQUlRED
(A) Late Charges for OVerdue Payments
If the Note Holder bas nol received the full amount of any monthly payment by the end of Fift:.een {lS)
ca1enc1ar days after the date it is due, I wiII pay a late charge to the Note Holder.
The amount of the charge will be 5.000 % of my overdue payment of principal and intercst. 1 will pay this
late charge prompdy but only once on each late payment.
(B) Default
If 1 do not pay the fuJl amount of each monthly payment OJ] the date it is due. I will be in default.
MULTISTATE BALLOON FIXED RATE NOTE - Single FamllV . FNMA UNIFORM INSTRUMENT
h;e1c1%
0.>>870 187091.0' \IMP MOI'lTGAQEFORMS -1800)61'-72"
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(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if [ do not pay the overdue amount by
a certaio date. the Note Holder mllY require me to pay immediately the full amount of principal whidt has- not been paid
and all the interest thai: I owe on that amount. That dale must be at least 30 days after [he date on which the notice is
delivered or mailed to me.
(0) No Waiver By Note Holder
Even if, at a time when I am in default, [he Note Holder does not require me to pay immediately in full as described
above. the Note Holder will still M_ve the right [0 do so if I am in default at a later time.
(E) Payment orNate Holder's Costs and Expenses
If the Note Holder has required me to, pay immediately in full a<; de.<lCribed above, tbe Note Holder will have the right
to be paid back by me for all orits costs and expenses in enforcing this Note to the extent not probibited by applicable law.
Those expenses include~ for example, reasonable attorneys I fees.
7. GIVING OFNOI"ICES
Unless applicable law requires 11 different method. any notice that must be given to Die under this Note will be given by
delivering it or by mailing it by fiJst class mail to me at the Property Address above or at a different address if I give the
Note Holder a notice of my different address.
Any notice that mus.t be given to the Note Holder under this Note will be given by mailing it by first class mail to the
Note Holder at the address staled in Section 3(A) above or at a different address if I am given a notice of that different
address.
8. OBUGATIONS OF PERSONS UNDER TillS NOTE
If more than one penoo signs this Note, each person is fully and personally obligated to keep all of lhe promises made
in this Note. including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this
Note is also obligated to do these things. Any person who lakes over these obligations, including the obligations of a
guarantor, surety or endorser of ~is Note, Is also obligated to keep aU of the promises made in tbis Note. The Note
Holder may enforce its rights under this Note against each person individually or against all of us together. This means
that "anyone. of us-may be. required to pay all of the amounts owed under this Note..
9. W AlVERS
I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor.
"Presentment'_,"_means the tight tQ require the Note Holder to demand payment of am01Dlts due. "Notice of di&honor"
means the right ~o require the N~teI"Holder ~ give notice to other persons that amounts due have not been paid.
lO.UNlFORM SECURED Non:
This Note is a unifonn inslnm\01t with limited variations in some jurisdictions. In addition to the protections given to
the Note Holder under this Note, 3 Mongage, Deed of Trust or Security Deed. (the "Security Instrument'.), dared the same
date as this Note, protects the Note Holder from possible losses which might (e$ultif I do not keep the promises which I
make in this Note. That Security lnstruInenl descn"bes how and under what conditions I may be required to make
immediate payment in full of aJI axnounts I owe under this Note. Some of those conditions are described as follows:
Transfer or the Property or a Benetieiallnterest in Borrower. If all or any part of the Property or any
interest in it is sold or trarlsferred (or if a beneficial interest in Borrower is sold or transferred and Borrower
is not a natural person) without Lender's prior written consent. Lender may. at its option. require immediate
payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised
by Lender if exercise is prlJbibited. by federal law as afthe date oftbis Security Instl'UD1ent.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is delivered or mailed within which
Borrower must pay all sUOlS secured by Ihis Security Instrument. If Borrower fails to pay these sums prior to
the expiration of this period, Lendermay invoke any remedies pennitted by this Security Instrument without
funher notice or demand on Borrower.
WITNESS THE HAND(S) ANO.SEAL(S) OF THE UNDERSIGNED.
/~w
I .' ROBERT A. HOPPER
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(Seal)
.Bol'l'OWCr
WITNESS
PAYTOlHEOROEA OF
TMS MORTGAGE, INC..
A. New Jersey Corporation
(Seal)
..iJorrower
WITHOUT RECOURSE
1Jrm:rINC.
Without recourse, pay to the order of
Aurora Financial Group, InC. by:
(Seal)
-Borrower
Pd.. Ikh.
R AlAN PATroN
VICE PRESIDENr - MARKEl' MANAGER
.-870(87091.01
o AATJ2V
(Seal)
-Borrnwer
PAYTO THE OR"~gjnal Only)
EASTERN MORTGAGE SERVTCES,INC.
\\'iTHOUT REC.::>lS':-
AUl'!O,,-'1 FINANeIA!_ GRO(.l~ t.\UC..
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VICE"",, DEN r
COIlllETTA K. STRINGFIELD
.
Pennsylvania State Bank
Pas.2012
Farm 3260 3/87
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4&aO...R Search and Abstract Servic4lnc.
One"n Center, 1617 J.F.K. Boulevard, Suite 305
Philadelphia, Pennsylvania 19103
(215) 496-0900
FAX (215) 496-0904
RECORD OWNER AND LIEN CERTIFICATE
Effective Date: 8/14/99
Order Number:
Client Number:
A34767
1513-270
Premises:
257 NORTH 24TH STREET, BOROUGH OF CAMP HILL
CUMBERLAND COUNTY
PENNSYLVANIA
Based upon the examination of evidence in the appropriate public records, Company certifies that
the premises endorsed hereon are subject to .the liens, encumbrances and exceptions to title
hereinafter set forth. This Certificate does not constitute title insurance; liability hereunder is
assumed by the Company solely in its capacity as an abstractor for its negligence, mistakes or
omissions in.a sum not to exceed Two Thousand Dollars.
DESCRIPTION
ALL THAT CERTAIN lot of land situate in the Borough of Camp Hill, County of Cumberland and
State of Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the eastern line of Twenty-fourth Street, said point being sixty (60) feet
measured southwardly along the eastern line of Twenty-fourth Street from the Southeast corner of
Twenty-fourth Street and Lincoln Street; thence in an easterly direction along a line at right angles
to Twenty-fourth Street one hundred forty and five one-hundredths (140.05) feet to Low Alley;
thence in a southerly direction along the western line of Low Alley fifty (50) feet to a point; thence
in a westerly direction along a line at right angles to Twenty-fourth Street one hundred forty and
five one-hundredths (104.05) feet to Twenty-fourth Street; thence in a northerly direction along the
eastern line.Qf twenty-f~:,Street fifty (50) feet to a point or place of beginning.
BEING Lots Nos. 51 and 52, the northern three and thirty-five hundredths (3.35) feet of Lot No. 50
and the southern six and sixty-five one-hundredths (6.65) feet to Lot No. as shown on a plan of lots
laid out by H. C. Zacharias in the Borough of Camp Hill, said plan being recorded in the
Cumberland County Recorders Office in Plan Book 1, Page 1.
.
HAVING thereon erected a two-story brick dwelling house No. 257 North 24th Street, Camp Hill,
Pennsylvania.
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Date: 8/16/99
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mortl!:al!:e on vour home is in default. and the lender intends
to foreclose. Specific information about the nliture of the default is provided in the attached
~.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) mav be able to
help to save vour home. This Notice explains how the prol!:ramworks.
To see ifHEMAP can help. vou must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 30. DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou
when vou meet with tbe Counselinl!: Al!:encv.
Tbe name. address and pbone number of Consumer Credit Counselinl!: Al!:encies servinl!: vour
County are listed at tbe end of tbis Notice. . If vou have anv auestions. vou mav call tbe
Pennsvlvania Housinl!: Finance Al!:encv toll free at 1-800-342-2397. (Persons with impaired
bearinl!: can call (717) 780-1869).
Tbis Notice contains important legal information. If you bave any questions, representatives
at the Consumer Credit Counseling Agency may be able to belp explain it. You may also want
to contact an attorney in your area. Tbe local bar association may be able to belp you find a
lawyer.
. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING
FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARlUBA. PUEDES
SER ELEGffiLE PARA UN PRESTAMOPOR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CU.;\L
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU
HIPOTECA.
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EXHIBIT
F;\DOCS\lSI3\Z70.HOP\PLEADING\ACf.NOT
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HOMEOWNER'S NAME(S): Robert A. Hopper
PROPERTY ADDRESS: 257 North 24th Street, Camp Hill, Pennsylvania 17011
LOAN ACCT. NO.: 40404907
ORIGINAL LENDER: Pennsylvania State Bank
CURRENT LENDER/SERVICER: TMS Mortgage Inc., d/b/a The Money Store
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
,
YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR
HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE
MORTGAGE pAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE" ACT"), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
. IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND
YOUR CONTROL,
.
,
. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY
. YOUR MORTGAGE PAYMENTS, AND
. IF YOU MEET OTHER ELIGffiILITY REQUIREMENTS ESTABLISHED
BY THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay
offoreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time
you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling
agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT
(30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE,
YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE
CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT," EXPLAINS HOW TO
BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES--Ifyou meet with one of the consumer cre,dit
counseling agencies listed at the end of this notice, the lender may NOT take action against you for
thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of
designated consumer credit counseling agencies for the county in which the oroperty is located are
set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise
your lender immediatelv of your intentions.
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APPLICATION FOR MORTGAGE ASSISTANCE-- Your mortgage is in default for the reasons
set forth later in this Notice (see following pages for specific information about the nature of your
default) If you have tried and are unable to resolve this problem with the lender, you have the right
to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program.
To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program
Application with one of the designated consumer credit counseling agencies listed at the end of this
Notice. Only consumer credit counseling agencies have applications for the program and they will
assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your
application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO, OR IF
YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER,
FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR
APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will
be disbursed by the Agency under the eligibility criteria established by the Act The Pennsylvania
Housing Finance Agency has sixty (60) days to make a decision after it receives your application.
During that time, no foreclosure proceedings will be pursued against you if you have met the time
requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance
Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY .PROTECTED BY THE FILING OF A
PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE
IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE
CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Brin!!: it UP to date):
NA TORE OF THE DEF AUL T --The MORTGAGE debt held by the above lender on your property
located at: 257 North 24th Street, Camp Hill, PA 17011, IS SERIOUSLY IN DEFAULT because:
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A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following
months and the following amounts are due:
May 1,1999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1950.12
.. .. ,
June 1, 1999 .................................................. 1950.12
. ,
July 1,1999............................................... .. 1950.12
. .. ,
August 1,1999 ................................................. 1,950.12
Late Charges at $97.51 assessed on
the 16th day after payment is due. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 477.55
NSF Check Fees .................................................. 45.00
Other Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10.00
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $8,333.D3
HOW TO C~ THE DEFAill,T..You may cure the default within THIRTY (30)DAYS of the
date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER,
WIDCH IS $8,333.03, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WIllCH
BECONIE DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by
cash. cashier's check. certified check or money order made payable and sent to:. TMS Mortgage Inc.,
d/b/a The Money Store c/o The Money Stone,4111 South Darlington, Suite 800, Tulsa OK 74135.
IF YOU DO NOT CURE THE DEFAULT--Ifyou do not cure the default within THIRTY (30)
DAYS of the date of this Notice, the lender intends to exercise its ril!:hts tll accelerate the
mortl!al!e debt. This means that the entire outstanding balance of this debt will be considered due
immediately and you may lose the chance to pay the mortgage in monthly installments. If full
payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also
intends to instruct its attorneys to start legal action to foreclose upon your mortl!al!ed property.
IF THE MORTGAGE IS FORECLOSED UPON.. The mortgaged property will be sold by the
Sheriff to payoff the mortgage debt If the lender refers your case to its attorneys, but you cure the
delinquency before the lender begins legal proceedings against you, you will still be required to pay
the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal
proceedings are started against you, you will have to pay all reasonable attorney's fees actually
incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount
you owe the lender, which may also include other reasonable costs. If you cure the default within
the THIRTY (30) DAY period. YOU will not be.reauired to pay attorney's fees.
OTHER LENDER REMEDIES.. The lender may also sue you personally for the unpaid principal
balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAill,T PRIOR TO SHERIFF'S SALE--Ifyou have not cured the
default within the THIRTY (30) DAY period and foreclosure proceedings have begun, vou still have
the rilJ:ht to cure the default and prevent the sale at any time up to one hour before the Sherifl's Sale.
You may do so by paying the total amount then past due. plus any late or other charges then due.
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reasonable attorney's fees and costs connected with the foreclosure sale and any other costs
connected with the Sheriffs Sale as specified in writing by the lender and by oerformin@: anv other
reauirements under the mortgage. Curing your default in the manner set forth in this notice will
restore your mortgage to the same position as if you had never defaulted.
. EARLIEST POSSIBLE SHERIFF'S SALE DA TE--It is estimated that the earliest date that such
a Sheriff's Sale ofthe mortgaged property could be held would be approximately 6 months from
the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before
the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may
find out at any time exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lertder:
Address:
Phone Number:
Fax Number:
Contact Person: .
TMS Mortgage Inc., d/b/a The Money Store c/o The Money Store
4111 South Darlington, Suite 800, Tulsa, OK 74135
(918) 280-2700 or (888) 791-2070
(918) 280-271 9
Don McAdams, Litigation Officer
EFFECT OF SHERIFF'S SALE--You should realize that a Sheriffs Sale will end your ownership
of the mortgaged property and your right to occupy it. If you continue to live in the property after
the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started
. by the lender at any time.
ASSUMPTION OF MORTGAGE..You mayor _X_ may not (CHECK ONE) sell or
transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the
outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that
the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS
DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT
HAD OCCURRED,IF YOU CURE THEDEFAULT. (HOWEVER, YOU DO NOT HAVE THIS
RIGHT TO CURE YOUR DEF AUL T MORE THAN THREE TIJI..1ES IN ANY CALENDAR
YEAR.)
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TO ASSERT lliE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING
OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS,
TO ASSERT ANY OlliER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION
BY THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
CUMBERLAND COUNTY
CCCS of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
(717) 541-1757
Urban League of Metropolitan
Harrisburg
N. .6th Street.
Harrisburg, PA 17101
(717) 234-5925
FAX (717) 234-9459
Cotnmunity ActionComm of the Capital
Region
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
FAX (717) 234-2227
Financial Counseling Services of
Franklin
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
YWCA of Carlisle
301 G Street
Carlisle, PA 17013
(717) 243-3818
FAX (717) 731-9589
Adams County Housing Authority
139-143 Carlisle St
Gettysburg, PA 17325
(717) 334-1518
FAX (717) 334-8326
Consumer Credit Counselin~ A~ency
Notification To:
Date:
Name of Mortgagee:
Address:
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In accordance with the Pennsylvania Homeowner's Emergency Mortgage Assistance Program (Act 91
of 1983), we have been approached for mortgage counseling assistance by:
Name of Applicant
Address
Telephone Number
Mortgage Loan Number
Address of property on which mortgage is in default,
if different from above.
The counseling agency met with the above named applicant on
Date
who have indicated that they are more than sixty (60) days delinquent on their mortgage payments
and have received notification of intention to foreclose from
Name and Address of Mortgagee
In accordance with the Homeowner's Emergency Mortgage Assistance Program, this is to inform you
that:
1. If the delinquency cannot be resolved within the 30-day forbearance period as provided by law,
the applicant listed above may apply to the Pennsylvania Housing Finance Agency for Homeowner's
Emergency Mortgage Assistance.
2. By a copy of this Notice, we are notitying all other mortgagees, if any, which the applicant has
indicated as also having a mortgage on the property identified above.
.
3. It is our understanding that the 30 day forbearance period in which we are now in ends
on
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4. No legal action to enforce the mortgage may occur during this forbearance period, unless
procedural time limits were not met by the homeowner,
Name of Counseling Agency:
Signer and Title:
Telephone Number:
Address:
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2000-00272 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
TMS MORTGAGE INC ET AL
VS
HOPPER ROBERT A
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDANT
HOPPER ROBERT A
but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
NOTICE
., NOT FOUND , as to
the within named DEFENDANT
, HOPPER ROBERT A
DEFT. HAS MOVED TO DAUPHIN CO., RETURN NOT
FOUND AS PER ATTY 1/21/00.
Sheriff's Costs:
Docketing
Service
NOT FOUND RETURN
Surcharge
18.00
9.30
5.00
10.00
.00
42.30
~~
R. 'Thomas Kline
Sheriff of Cumberland County
CAPLAN & LUBER
01/24/2000
Sworn and subscribed to before me
this
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R. THOMAS KLINE
Sheriff
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RONNY R. ANDERSON
Chief Deputy
WWARO L. SCHORPP
Solicilor
OFFICE OF THE SHERIFF
?ATRICIA A. SHATTO
Real Estate Deputy
One Courthouse Square
Carlisle, Pennsylvania 17013
To:
Agency Control No. 'J-OOO ,::z. 7 'J..
Date: /-/3-ob
Address Information Reqnest
Please furnish this agency with the new address, if available, for the following individual or verify
whether the address given below is one at which mail for this individual is currently being delivered.
If the following address is a post office box, please furnish the street address as recorded on the
boxholder's application form.
Name: ~ A /J~. ,
Last Known Address: d)...,,'j 7.N ").. '-/ d 5"t Cmmtf IIfl
I certify the address infonnation for this individual is required for the performance of this agency's
official duties.
FOR POST OFFICE USE Oi"lL Y
() MAIL IS DELIVERED TO ADDRESS GIVEN NEW ADDRESS. r-I5
() NOT KNOWN AT ADDRESS GIVEN ;;167ft L.;I1~.e7rfvu.)71 f!I ;;;<01
OMOVED..,LEFTNOFORWARDINGADDRESS Z ~ GlI71/6-9L/::z8
. () NO SUCH ADDRESS ~
(~~ (SPECIFY): ____------ BOXH LDER' S STR~!.:DDRESS
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Agency Return Address Postmar >- a~~ft)
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Address Information Request (Required Format)
Exhibit 352.44b
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Martin S. Weisberg, Esquire
I.D. No. 51520
Robert J. Murtaugh, Esquire
1.0, No. 57494
CAPLAN & LUBER, LLP
40 Darby Road
Paoli, PA 19301
Telephone: 610-640-1200
Fax: 610-640-9865
Attorn for Plaintiff
TMS MORTGAGE INC., d/b/a THE
MONEY STORE,
Plaintiff:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO: .;tOOD - :l7~
CIVIL ACTION
e(o~L/~
ROBERT A HOPPER,
Defendant.
MORTGAGE FORECLOSURE
COMPLAINT - CIVIL ACTION
NOTICE TO DEFEND
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to do
so the case may proceed without you and a judgment may be entered against you by the court without
further notice for any money claimed in the complaint or for any other claim of relief requested by
the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
.
TRUEOOPV FROM RECORD
InTllstimony'whar~of ,I Mre unto ~. my hand
and the sealof~id COI,Ittat Carlisle. .Pa.
ThI~. oM dap.o~.. . ~
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. .. thoootary
TRUE cr.,;,",' -"....~.~ RECORD
In Testlmc . ~() sct my hand
and the , ,,,(Iisie, Pa.
ThiL......
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Prothonotary
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A VISO
LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas
demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la
fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita 0 en persona 0 con
un abogado y entregar a la corte en forma escrita sus defensas 0 sus objecciones alas demandas en
contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede
continuar Ia demanda en contra suya sinprevio aviso 0 notificacion. Ademas, la corte puede decidir
a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda.
Usted puede perder dinero 0 sus edades u otros derechos importantes para usted.
LLEVEESTADEMANDAAUN ABOGADOINMEDIATAMENTE. SINO TIENEABOGADO
o SINO TIENEELDINERO SUFICIENTEDE PAGAR TAL SERVICIO V AYAENPERSONA
o LLAME POR TELFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA
ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTANCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
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Martin S. Weisberg, Esquire
I.D. No. 51520
Robert J. Murtaugh, Esquire
J.D. No. 57494
CAPLAN & LUBER, LLP
40 Darby Road
Paoli, PA 19301
Telephone: 610-640-1200
Fax: 610-640-9865
Attorn for Plaintiff
TMS MORTGAGE INC., d/b/a THE
MONEY STORE, .
Plaintifl:
IN THE COURT OFCOMM:ON PLEAS
CUMBERLAND COUNTY,
PENNSYL V ANlA
v.
NO:
ROBERT A HOPPER,
CIVIL ACTION
Defendant.
MORTGAGE FORECLOSURE
COMPLAINT IN MORTGAGE FORECLOSURE
Plaintifl: TMS Mortgage Inc., d/b/a The Money Store, brings this action in mortgage
foreclosure upon the following cause of action:
1. Plaintiff, TMS Mortgage Inc., d/b/a The Money Store ("Plaintifi"), is a corporation
with a principal place of business c/o The Money Store, 4111 S. Darlington, Suite 800, Tulsa, OK
74135.
2. The last known address of Defendant, Robert A. Hopperis: 257 N. 24th Street, Camp
Hill, PA 17011.
3. Robert A. Hopper executed a mortgage with Pennsylvania State Bank, on October
13, 1998 (the "Mortgage"), in the amount of $200,000.00, which Mortgage was recorded with the
Recorder of Deeds of Cumberland County on October 19, 1998 in Mortgage Book 1490, Page 354.
.
The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R. C.P. No.
F:\DOCS\lS13\270.HOP\PLEADING\COMP .DOC
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1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and
is incorporated herein by reference as though fully set forth at length.
4. Pennsylvania State Bank assigned all right, title and interest in the Mortgage to Aurora
Financial Group, Inc., which assignment was recorded in the Recorder oIDeeds Office for the County
of Cumberland on October 19, 1998, in Book 592 at Page 262.
5. Aurora Financial Group, Inc. assigned all right, title and interest in the Mortgage to
Eastern Mortgage Services, Inc., which assignment was recorded in the Recorder of Deeds Office
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for the County of Cumberland on October 19, 1998 in Book 592 at Page 262.
6. Eastern Mortgage Services, Inc. assigned all right, title and interest in the Mortgage
to TMS Mortgage Inc., d/b/a The Money Store, which assignment was recorded in the Recorder of
Deeds Office for the County of Cumberland on March 16, 1999 in Book 606 at Page 1013.
7. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal
successor in interest to the original mortgagee, or is the present holder of the Mortgage by virtue of
the above-described assignments.
8. Each Mortgagor named in paragraph 3 above executed a note as evidence of the debt
secured by the Mortgage (the "Note"). A true and correct copy of the Note is attached hereto and
marked as Exhibit "B" and is incorporated herein by reference as though fully set forth at length.
9. The real property which is subject to the Mortgage is generally known as 257 North
24th Street, Borough of Camp Hill, Cumberland County, Pennsylvania (the "Mortgaged Premises").
The legal description of the Mortgaged Premises is attached hereto and marked as Exhibit "C" and
is incorporated herein by reference as though fully set forth at length.
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10. The interest of each individual Defendant is as Mortgagor, Real Owner or both.
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11. If any Defendant above-named is deceased, this action shall proceed against the
deceased Defendant's heirs, assigns, successors, administrators, personal representatives and ./ or
executors through his / her estate.
12. The Mortgage is in default because the monthly payment of principal and interest and
other charges stated below, all as authorized by the Mortgage, are due as ofJuly 1, 1999 and have
not been paid, and upon failure to make such payments when due, the whole of the principal, together
with the charges specifically itemized below are immediately due and payable.
13.. The following amounts are due as of December 16, 1999:
Principal of Mortgage debt due and unpaid. . . . . . . . . . . . . . . . . . . . $199,519.07
Interest due and owing as. of December 16, 1999
at 11.3%, $62.47 per diem .. . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . 12,431.53
Late Charges of$97.51 per month
assessed on the 16th day after payment is due. . . . . . . . . . . . .. . . .. . . .. 867.59
Suspense ................................................ (619.99)
Unpaid NSF Charges. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 45.00
Unpaid Other Charges ........................................ 10.00
Corporate Advance .........................:............... 110.00.
Recording Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14.00
Attorneys' fees ............................................ 9,975.95
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Court Costs ............................................... 145.50
Title Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 330.00
TOTAL
$222.828.65
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14. Interest accrues at a per diem rate of$62.47 and late charges accrue at a monthly rate
of$97.51 assessed on the 16th day payment is past due for each date after December 16, 1999 that
the debt remains unpaid, and Plaintiff may incur additional attorneys' fees and costs as well as other
expenses, costs and charges collectable under the Note and Mortgage.
15. Notice of Intention to Foreclose pursuant t041 P .S. ~ 403 and Notice pursuantto the
Homeowner's Emergency Mortgage Assistance Act of 1983,35 P.S. ~ 1680.402c,et seq., was
mailed to each individual Defendant via regular mail and certified mail, return receipt requested, on
August 16, 1999. A true and correct copy of said notice is attached hereto and marked as Exhibit
"D" and is incorporated herein by reference as though fully set forth at length.
WHEREFORE, Plaintiff demands judgment against Defendant, Robert A. Hopper, for
foreclosure and sale of the Mortgaged Premises in the amounts due as set forth in paragraph 13,
namely $222,828.65, plus the following amounts accruing after December 16, 1999, to the date of
judgment: (i) interest at a per diem rate of $62.47; (ii) late charges of$97.51 per month, assessed
on the 16th day payment is past due; and (iii) additional attorneys' fees hereafter incurred and costs
of suit.
Date:
LUBER, LLP
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UNLESS YOU NOTIFY US IN WRITING WITHIN TIllRTY (30) DAYS AFTER RECEIPT OF
THIS LETTER THAT THE DEBT, OR ANY PART OF IT, IS DISPUTED, WE WILL ASSUME
THAT THE DEBT IS VALID. IF YOU DO NOTIFY US OF A DISPUTE, WE WILL OBTAIN
VERIFICATION OF THE DEBT AND MAIL IT. TO YOU. ALSO UPON YOUR WRITTEN
REQUEST WITHIN TIllRTY (30) DAYS, WE WILL PROVIDE YOU WITH THE NAME AND
ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT FROM THE CURRENT
CREDITOR. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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DEC-20-1999 14:19
CAPlAN & LUBER-
610 640 9865 P.09/09
VERIFICATION
1, TheresaMorris, Senior Litigation Specialist, hereby oenity .that r am an agent for Plaintiff
and am authorized to make this verification on its behalf. r verity that the facts and statements set
forth In the foregoing Complaint In Mortgage Foreclosure are troe and correct to the best of my
knowledge, infonnation and belief This Verification is made subject to the penalties ofl8 Po. e.s.
~ 4904 relating to unsworn falsification to authorities.
Date: /2 -2.0 .99
Theresa Mo
Senior Litigation Specialist
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ORIG\NAL
MORTGAGE
. nus MORTGAGE (~Security Instrunumtil) is given on
ROBERT A. HOPPER, A Married. Man
october 13th, 1998
. 1he mongagor is
(-Borrower-). This Security InstrUment is given. to
P.BNNSYLWtNIA STATE B-ANX
which is organized and existing under_ the "laws of . COMMO.NWEAr.TH OF PENNSYLVANIA.
address is 2148 MARKET STREET. CAMP KILL, PA 170~1
. and whose
(-Lender"). Borrower owes Lender the principal sum of
Two Hundred Thousand and no/lOa--------
Dollars (U.S. S 200.000.00 ).
This debt is evidenced by Borrower"s I1(J(C dated the same date as this Security Instroment ("Note-), which provides for
monthly paYments, with the full debt, if not paid earlier. due and payable on November 1st, 30J.3 .
This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest. and. aU renewals.
extensions and .modifICations of the Note; (b) the payment of all other sums, with interest. advanced under paragraph 7 to
proteCl the sccu:rity .of this Securily Instnnnenl: and (c) the performance of Borrower's covenants and agreements under this
Security lnsnumenl and lhe Note. For this purpose. Borrower does hereby mortgage. grant and convey to Lender the following
described property lOcated in ClJMBnLAND County. Pennsylvania:
RERNANCE RECITAL:
BEING THE SAM! PREMISES CONVEYED TO THE MORTGAGORS. ROBERT A. HOPPER
UNDER THE DEED FRO.M JEFFREY BARTLETT fa MARIANNE S. BARTLETT, his wife . DATEO 01/29/88
AND RECORDED 02/01/88 IN THE CUMBERLAND COUNTY {REGISTRAR OF DEEDS OR CLeRK'SI OFFlCE IN DEED
BOOK B-33 PAGE 101 . THE WITHIN MORTGAGE IS A RRST MORTGAGE GIVEN TO SECURE A LQAN IN THE
AMOUNT HERBN MENTIONED AND CONSTITUTES A FIRST AND PRIOR UEN ON 1ME SAID PREMISES. lltE ATTACHED DESCRIPTlON IS IN
ACCORDANCE WITH A SURVEY MADE BY DATED
8E1NG KNOWN AS TAX ~# ***** BLOCK#- . ON THE OFACIAL TAX MAP OF THE
BORa OF CAMP HILL COUNTY OF CllMBERLAND STATE OF PENNSYLVAl'tIA.
which has the address of 257 N. 24TH S'l'RBET, CAMP HILL 1~ttce.t.CltyJ.
Pennsylvania. 1701l {Zip Code} CPropeny Address"):
PENNSY~VANIA-Sll'IgI8 Famlly.FNMAJFHLMC
UNIFORM INSTRUMENT Form 3039 9190
~ -6RIPA) (94101 , Amended !l191
VMPMQRTGAGEI'ORMS-(tI00l5Z1-7Z91 ~
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TOGE.THER WITH all the improvements now or hereafter erected on the properlY. and. all easementS; appurten~lio. ~d
fixtures now or hereafter a pan: of the propeny. All replacements and additions pall also be covered by ib.is..SeClJrity~
Instrument. All of the foregoing is referred [0 in this Securiry I:nstroment as the "Propeny. ~ . ... .. '"'-
BORROWER COVENANTS that Borrower iS,lawfully seised of the estate hereby conveyed and 11M the right to mongage.
grant. and convey the Propeny and that the Propen:y is unencumbered, except for encumbrances of record. Borrower .warrant!-
and will defend generally the tide to the Property against all cJaims and demands, subject to any encumbrances 'Of record.
THIS SECURITY INSTRUMENT combines unifonn covenants for national use and non...unifonn covenants with limited
variations by jurisdiction to constittne a uniform security instrument covering real propeny.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Prineipal and Interest; Prepayment and Late Cbarg.... Borrower shall promptly pay when due the
principal of and interest on the debt evidenced by the Note and any prepayment and lace charges due under the NOle..
2. Funds for Taxes and Insurance. Subjecl to applicable law or to a written waiver by Lender, Borrower shall pay to
Lender on the day monthly payments are due under the Note. uncil the Note is paid in. full, a sum ("Funds~) for: (a) yearly caxes
and assessments which may auain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments
?r ground rent.q on tbe Pro~, if any; (e) ~early ,~ or property insurance premiums; (d) year\y g.~ "~~ p~~iulTl$.
If any; (e) yearly mortgage msurance prenuutnS, If any; and (f) any sums payable by Borrower to Lender. m _8CcOrd3I1ce- witb
the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items. ~
Lender may. at any time. coJlect and hold Funds in an amount not to exceed tbe maximum amount a lender for a federally
related mongage loan may require for Borrower's etcrow account Undijf the- federal. Real Estate ~;ettlement Procedures Act of
1974 as amended from time to time. i2 U.S.C. Section 2601 et seq. CRESPA~), unless another law that applies to the Funds
sets a lesser amoUnt. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the Jesser amount,
lender may estimate the amount of Funds due on the basis of current data and. reasonable estimates of ex.penditures of future
Escrow Items or otherwise in accordance with applicable law.
The Funds shall" be held in an instirotion whose deposits are_ insured by a federal agency, instIUmemality. or entity
(including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender sball apply the Funds to pay the
Escrow Items. Lender may not charge_Borrower for holding and applying the Funds, annually analyzing me escrow account. or
verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such
a charge. However, Lender may require Borrower to pay a one-time charge far an independent real estate tax reponing service
used by Lender in connection with this loan. unless applicable law provides otherwise, Unless an agreement is made QI'
applicable law requires interest to be paid. Lender shall not be required to pay Borrower any in~t or earnings on the Funds.
Borrower and Lender may agree in writing. however, ,that interest shall be paid on the Funds. Lender shall give to Borrower.
without charge., an annual accounting of the Funds, showing credits and debits to the Funds. and the purpose for which each
debil to the Funds was made. The Funds are pledged as additional security for all sums secured by this SecurilY Instnunent.
If the Funds held by Lender exceed the amowlIs permitted to be held by applicab,le law, Lender shall account 10 Borrower
for-the excess Funds in accordance with lhe requirements of applicable law. If the aniount of the Funds held by Lender at any
time is not sufficient to pay the Escrow Items when due. Lender may 80 notify Borrower in writing, and. in such ca.se Borrower
shall pay to Lender the amount neteSsary EO" make upJhe deficiency. Borrower sball make up the deficiency in no more than
tweJve monthly paymencsj at Lender's sole discret~,?n.
Upon payment in full of all sums secured by this Security Instrument. Lender shall promptly refund to Borrower any
Funds. held by 1:..ender. If. under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale
of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a crooit against the sums secured by
this Security Insuument.
3. Application of Payments. Unless applicabJe law provides otherwise, all payments received by Lender under paragraphsB1 and 2 shall be applied: first, to any prepayment charges due under the NOle; second. to amouals payabJe under paragraph 2;
third, [0 interest due; fourth. to principal due; and last. to any late charges due under the NOle.
4. Charges; Liens. Borrower shall pay all taxes, assessments. charges. fines and hnpositions attributable to the Property
which may attain priority over this Security InstJunlent, and leasehold payments or ground rents, if any. Borrower shall pay
these obligalions in the manner provided in paragraph 2. or if not paid in that manner. Borrower shall pay them on time directly
[0 the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph.
If Borrcwer makes these payments directly. Borrower shall promptly furnish to L.ender receipts evidencing the paymen~.
Borrower shall promptly discharge any lien which bas priority over chis Security Instrument unless Borrower: (a) agrees in
writing 10 the payment oftbe obligation secured by 'the lien in a manner acceptable to Lender; (b) COntests in good faith the lien
by, or defends -against enforcemenE of the lien in, legal proceedings which in the Lender's opinion operate to prevent tbe
enforcement of the lien; or (c) seeures from the bolder of the lien an agreement satisfactory to Lender subordinating the lien to
this Security Instrument. If Lender determines that any part of the Propeny is subject to a lien which may attain priority over
this Security Instrument. Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or
more of the actions set forth alx>ve within iO days. of the giving of notice.
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. ... '5. Hazard or Property .Jnsu~ce. Borrower shall keep the improvements now existing or hereafter erected on the
.' Propeity' ~red against loss 'Oy fire, nazards included within the [ernl "ex.tended coverageit and any other hazards. including
floods or flooding, fo-: which Lender requires insurance. This insurance shall- be maintained in the amounts- and for the periods
. tbat L~der ret:plires... The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval
which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's
option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7.
All insurance polic.ies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender
shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of
paid premiums and renewal nOlices. In the eVent of loss, Borrower shall give prompt notice to the insurance carrier' and Lender.
Lender may make proof of loss if not made promptly by Borrower.
Unless'Lender and Borrower otherwise agree in writing, insurance proceeds shall be appJied to restoration or repair of the
Propeny damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or
repair is not economically feasible or Lender's security would be lessened, the lD.Surance proceeds shall be applied to the sums
secured by this Security Instrument, whether or not then due. with any excess paid to Borrower. If Borrower abandons the
Property. or does not answer within 30 days a notice from Lender that the insurance carrier bas offered to settle a claim, then
Lender may collect the insurance proceeds. Lender may use [he proceeds [Q repair or restore the Property or to pay sums
secured-by this Security Instrument, whether or not then due. The 3()..day period will begin when the noJice is given.
Unless Lender a.'l.d Borrower otherwise a~ in wriling, any application of proceeds to principal shall not extend or
postpone the due date of tbe monthly payments referred to in paragraphs I and 2 or change the amount of the payments. If
under paragraph 21 the Property is acquired by Lender. Borrower's right to any insurance policies and proceeds resulting from
damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instntment
immediately' prior to the acquisition.
6. Occupancy, Preservation, Maintenance aDd Protection of the Property; Borrower's Loan AppUcation; Leaseholds.
Borrower shaH occupy, es[ablish. and use the Property as Borrower's principal residence within sixty days after the ex;ecutioiL of
this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after
the date of occupancy.- unless Lender otherwise agrees in writing. which conseDl shall not be unreasonably withheld, or unless
extenuating circumstances exist which are beyond Borrower's control. Bo~er shall not destroy, damage or impair the
Property, allow the Property to deteriorate, or commit waste on the Propeny. Borrower shall be in default if any forfeiture
action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the
Propeny or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may
cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with. a ruling
[hat, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Propeny or other material
impairment of the lien created by this Security Instroment or Lender's security interest. Borrower sball also be in default if
Borrower, dtUing the loan application process, gave materially false or inaccurate infOrination or statements to Lender (or failed
to provide, Lender with any material infonnation) in connection with the loan evidenced by the Note, including, but not limited
to. representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a
leasehold, BOITOwer shalL comply with all the provisions of the lease. If Borrower acquires fee title to the Propeny. the
leasebold.and me fee title shall not merge unless Lender agrees to the merger in writing. '
7. Protection or Lender's .Rights in tbe Property. If Buuowcr iails to perfo-no the covcr.ants and agreements coDtained in
this Sewrity Instrument, or there is a legal proceeding that may significantly affeCt Lender's rights. in the Property (such as a
proceeding in bankruptcy, probate, for condemnation or forfeiture .or to enforce laws or regulations), then Lender may do and
pay for whatever is necessary to protecl the value of the Property and Lender's rights in the Property. Lender's actions may
include paying any sums secured by a lien which has priority over this ~urity Instru.ment. appearing in coun, paying
reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph
7, Lender does not have to do so.
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this
Security Instnnnent. Unless Borrower and Lender agree to olber terms of payment, these amounts shall bear interest from the
date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting
payment.
8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security
Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effccl. If, for any reason. tbe
mortgage insurance coverage required by Lender lapses or ceases to be in effect. Borrower shall pay the premiums required to
obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substaluially equivalent to the
cost_ to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If
substantially equivalent mortgage insurance coverage is not available. Borrower shall pay to Lender each month a sum equal to
one.twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to
be in effect. Lender will accept. use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve
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payments may no longer be required. at the option of Lender. if mortgage insurance coverage (in the amount and for the period
that Lender requires) provided by an insurer approved by Lender again becomes avaijible and is obtained. Bo~er'lltiai1 pay.
the premiums required to maintain mortgage insurance in effect. or to provide a loss reserve. until the requirement Jot niangagu.
insurance ends in accordance with any wriuen agreement between Borrower and Lender or applicable l8)Y. .
9. Inspection. Lender or its agent may make reasonable emries upon and inspections of the Property. !-ender stlall give.
Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. .
10. eondem.nation. The proceeds of any award or claim for damages, direct or coll5equemw. in connection with any
condenmation or .other taking of any pan of the Property. or for conveyance in lieu of condemnation. are hereby assigned. and
shall be paid 10 Lender.
In the event of a {mal taIdng of the Property, the proceeds shall be applied to the sums secured by this Security InstruOlCnt,
whether or not then due, with any excess paid to Borrower, In Ihe event of a panial taking of the Property in which the fair
market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this
Security Instrument immediat~ly before the taking, unless Borrower and Lender otherwise agree in writing. the sums secured by
this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total
amount of the sums secured l.mmediately before the taking, divided by (b) the fair market value of the Property immediately
before the taking. Any balance shall be paid to Borrower. In the event of a pMtial taking of the Property in which the fair
market value of the Property immediately before the taking is Jess than the amount of the sums secured immediately before the
taking, unless Borrower and Lender otherwise cig:ree in writing or unless applicable law otherwise provides, the proceeds shall
be applied tQ tbe sums sec:ured DY this Security In!itrument whether or DlJt tbe sums are then 11ue.
If tbe Property is abandoned by Borrower, or if, after notice by Lender to Borrower that tbe condemnor offers to make an
award or settle a claim for damages. Borrower fails to respond. to Lender within 30 days after the dace the notice is given,
Lender is authorized to collect and apply the proceeds, at its option, either (0 restoration or repair of tbe Property or to the sums
secured by this Security [nsttument. -whether or not then due. .
Unless Lender and BorfOWer otherwise. agree in writing, any applicaEion of proceeds to principal shall not extend or
poslpOne the due dal:e of the IIIOnthly payments referred to in paragraphs I and 2 or change the: amount of such payments.
11. Borrower Not Rel~; Fo~earance By Lender Not a Waiver. Extension of the time for payment or modification
of amoruzation of the sums secured by this Security Instrument granted. by Lender to any successor in interest of Borrower shall
not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shan not be required to
commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization
of the sums secured by this Securky InstI'U111e11t by reason of any demand made by the original Borrower or Borrower's
successors in interest. Any forbearance by Lender in exercising any right ~r remedy sball not be a waiver of or preclude the
exercise of any right or remedY.
12. Successors and Assigns Bound; Joint and Several Liability; Co-signen. The covenants and ~reements of this
Security Instrument shall bind and, benefit -the successors and assigns of Lender and Borrower, subject _to the provisions of
paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Secl1rity
Instrument but does not execJlIe the Note: (a) is co-signing this Security Instrument only to mongage, grant and convey that
Borrower's interest in the Property under the cerms of tbis Security Instrument; (b) is not persollally obligated to pay the sums
secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or
make any accommodations wilb regard to the tenus of this SecuriEy Instrument or the Note without that Borrower's consent.
13. Loan Charges. If the loan secw-ed by Lbis Security Instrument is subject to a law which SOlS maximum loan charges,
and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the
loan e~ the pennitted limits., then: (a) any such loan charge shaJl be reduced by the amount necessary to reduce the charge
to the pennitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to
Btm'ower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct
payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any
prepayment charge under the Note.
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by maUing
it by ftrst class mail unless applicable law requires use of another method, The notice sh~l be directed to the Property Address
or any other address Borrower designates by notice to Lender. Any notice to Lender sh,aIl ~ given by firs~ class mail to
Lender's address stated herein- or any other address Lender designates by notice 10 Borrower'. Any notice provided for in this
Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph,
15. Governing Law; severability. This Security InstrumenL shall be governed by federal law and the law of the
jurisdiction in which the- Property is located. In lhe event that any provision or claUse of this Security Instrument or the Note
conDicts with applicable law. such conflict shall not affect other provisions of this Securily Instrument or the Note which can be
given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Nore are declared
to be severable.
16. Borrower's Copy. Borrower shall be given one confonned copy of the Note and of this Security Instnunent. /"
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... 11..Transfer otthe Propeny or'a Beneficial Interest In Borrower. If aU or any pan of the Propeny or any interest in it
- is.s<!ld or transferred (or if a beneficial interest in Borrower is sold 0[' transferred and Borrower is not a natural person) without
ee:niler's prior, written conSl)Ilt, Lender may, at its option, require immediate payment in full of all sums secured by this
. Sec!1ri~ Instrument, However. this option shall not be exercised by Lender if exercise is prohibited by federal law as of me date
of this Security-Instrument.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not
Jess than 30 days from the dale the ,notice is delivered or mailed within which Borrower muSt pay all sums secured by this
Security Insrrumem. If Borrower fails to pay these SUIm prior to the expiration of this period, Lender may invoke any remedies
permitted by this Security Instrument without funher norice or demand on Borrower,
13. Borrower's Ri,hl to Reinstate. If Borrower meets certain conditions, Borrower shall have the rigIU to have
enforcement of this SecJJnty Instrument discontinued at any lime prior to the earlier of: (a) 5 days (or such other period as
applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this
Security Instrument;' or (b) CD.lty of a judgtnent enfon::ing tbis Security Instnlment. Those conditions are that Borrower: (a) pays
Lender aU sums which then would be due under this Security Instrument and the Note as if no accelemion had occurred; (b)
cures any default of any other covenants or agreements; (c} pays aU expenses incurred in enforcing this Security In!ummem,
including, but not limited to, reasonable ano~' fees: and (d) lakes such action as Lender may reasonably require to assure
that the lien of this Security InsU'UDleD.t, Len4er's rights in the Property and Borrower's obligation [0 pay che sums secured by
tbis Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the
obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall
DO( apply. ~n the case of accr:..leration under paragraph 17_
19. Sale of Note; Change of Loan Servic:er. The Note or a partial interest in the Note (together with this Security
Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known
as the "Loan ServicerM) lhal. collects monthly paymeuts due under the Note and this Security Instrument. There also may be one
or more changes of the Loan Servicer unrelated to a sale of the !\fate. If there is a change of tbe Loan Servicer, Borrower will be
given wrilten notice of the change in accordance wilh paragraph 14 above and applicable law. The notice will state the name.and
address of the new Loan Servker and the- address to which payments should be made. The notice will also contain any other
jnformation required by applicable taw.
20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, slorage, or release of any
Hazardous Substances on or in the Property. Borrower shall oot do, nor allow anyone else to do, anything affecting !he
Properr.y lhat is in violation of any Environmental Law. The preceding two scmences shall nol apply to the pre.~nce, use, or
storage on the Property of ~maIl quantities of Hazardous Substances that are generally recognized to be appropriate [0 nonna!
residential Uses and to maintenance of the Propeny.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any
governmental-or regulatory agency or private party inVolving the Property and any Hazardous Substance or Environmental Law
of which Borrower bas aclual knowledge. If Borrower learns, or is notified by any governmental or regulaoo.IY atUhority, that
any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take
aU necessary remedial actions in accordance with Environmental Law.
As used in thiS paragraph 20, "Hazardous Substances" are those substances defmed as toxic or hazardous -substances by
Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic' petrolewn products, toxic
peslicides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in
this paragraph. 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located tbat
relate to health. safety or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
21. .Acceleratlon; Remedies. Lender shall give notice to Borrower prior to acceleration CoRowing Borrower's bn:ad1
of any Covenant or agreement in this Security Instnunent (but Dot prior to acceleratiOD under paragraph 17 unless
applicable law provides otherwise).. Lender shall notify Borrower or, among other things: (0) the default; (b) the action
required to cure the defauh; (e) when the default must be cured; and (d) tbat failure 10 cure the default as specified may
result in 8cOO.eratioD of tbe sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the
Property. Lender shaD furtber inform Borrower of the right to reinstate after acceleration and the right to Miser! in the
foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If
the default Iii not c.ut"ed as specified, Lender. at its option, may require immediate payment in full of aU sums secuw:l by
tbis Security InSU'Ument without further demand and may foreclose this Security Instrument by judicial proceeding.
Leoda' shall be entItled to conect all expenses incurred in pursuing tbe remedies provided in this paragraph 21,
Including, but not limited to, attorneys' fees aDd costs of title evidence to the extent permitted by applicable law.
22, Release. Upon payment of all sums secured by tbis Security Instrument, this Security Insttument and the estate
conveyed sball terminate.and become voif;l. After sucb occurrence, Lender shall discharge and satisfy this Security Instroment
without charge to Borrower. Borrower sball pay any recordation qasts.
23, Waivet'S. Borrower, to the extent permitted by applicable law, waives and releases any error or defectS in proceedings
to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution.
extension of time, exemption from anachment, levy and sale, and homestead exemption.
24. Reinstatement Period, Borrower's time to reinstale provided in paragraph 18 shall e"tend to one hour prior to the
commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrumcot.
25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title
to the Property, this Security Instrument shall be a purchase money mortgage. .
26, Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is enlered on the Note
or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note.
__ .6RIPA} IS410t
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Form 3039 9190
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27. Riders to this Security Instrument. If one or more riders are executed. by Borrower and recorded together with this
Security Instrument. the covenants and agreements of each such rider shall be incorporated inlo and shall amend and supplement
the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Inslru.tnent.
[Check applicable box(es)] .
B Adjustable Rate Rider D Condominium Rider
Graduated Payment Rider D Planned Unit Development Rider
Ii] Balloon Rider B Rate Improvement Rider
D VA Rider Other(') [specifY! '
B 1-4 Family Rider
Biweekly Payment Rider
Second Home Rider
BY SIGNING BELOW. Borrower accepts and a~s: ,to me rerms and covenants contained in this Security'
in any rider(s) executed by Borrower and recorded with it.
Witnesses:
~{!ctLUii U H(, t/ Ii II if Ii
ROBERT A. HOPPER
(Seal)
-Borrower
Certificate of ResIdence
I. Diana McDaniels
lhe within-named Mortgagee is
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
.Borrower
. do hereby cenity thai the correct address of
2148 MARKET STREET, CAMP HILL, PA 17011
day of October . 1998 .
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executed the same for the purposes herein contained. . .
[NWITNESSWHEREOF.Ihereunrosetmyhandandofficialsea1\"/",.'" _ -...., .' '1'/;' '1/1 "1' 1/'/-)
My Commission Expires: _... (l.ll.' .J.t ,;' ~... l,-, (.,.. - l .
Witness my hand this 13th
COMMONWEALTH OF PENNSYLVANIA,
CUMBERLAND
On this, the 13th day of
personally appeared ROBERT A. HOPPER
October
1998
NotarlalSeaI
.VaIerie S. Stacknldt, Nota~ Publfc
$hlremanslown BOlO. Cumbel1and County
My Commission Expires Nov. 3D, 2000
~~6R(PAIIS4101 Member, Pennsylvania Association 01 Notaries
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OR\G\NA'e BALLOON NOTE .
r ..'.. (Fixed Rate) Loan It: :US20
THIS LOAN IS PAYABLE IN FULL AT MATIlRITY. YOU MUST REI'AY THE eNTIRE
PRINCIPAL BALANCE OF THE LOAN AN.O UNPAID INTeREST THEN oue. THe LEIIIDeR IS
UNDER NO OBUGATlON TO REFIN.ANCe THe LOAN AT THAT TIME. YOU WILL.
THEREFORE. BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU
MAY OWN, OR YOU WILL HAVE TO FIND A LEIIIDER, WHICH MAY BE THE LENDER YOU
HAVE THIS LOAN WITH. WlWNG TO LENO YOU THE MONEY. IF YOU REFINANCE THIS
LOAN AT MATIlRITY. YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS
NORMALLY ASSOCIATED WITH A New LOAN EVEN IF YOU OBTAIN REFINANCING FROM
THE SAME LEIIIDER.
October l3th. 1998
plmcl
25'7 N. 24TH STRSB'I',
CAMP KILL
{CIty}
C>>t'P HILL, PENNSYLVltNIA
""""SYLVANIA
1""'1
17011
{property Address}
1. BORROWER'S PROMISE TO PAY
, In retUrn for a loan Ihat I ha..-e received. I promise to PaY U.S. $
"principal"), plus intereSt. to the _order of the Lender, The Lender is
200,000.OQ (this amount is called
PENNSYLVANIA STATE SANK
I underJtand that the Lender may tranSfer this Note. The- Lender or anyone who takes this Note. by transfer and who is
entitled to receive paymems under this Norc is called tbe "Note-Helder." .
2. INTEREST
Jn1erest will be dlarged on unpaid principal until the full aJIlOllllt of principal has been paid. I will pay interest at a
'ye:arlyrateof' U..300 %.
The interest rate required by this Section 2 is the _rate I will pay both before aM after my defa~t described in Section
6(B) of this Note.
3. PAYMENTS
(A) Time and Plate of Payments
1 will pay principal and interest by making payments every month.
I wit! make my monchly payments on tile 1st day of each month beginning 00 D~cemher 1st ,
1998 .1wil1~ thcsepayDienlsevery'montb until I have paid all of the p,rincipal and interest and any other
charges ~c:ribed belo'w that. I may owe under !his Note. My'monrhJy payments wUl be applied 10 interest: before
principal. If, on . November lat, 2013 , I still owe amounrs under this
Note.l will pay those amounts in full on thaldate, which is called the "Maturity Date."
I will make my monthly payments at 2].48 MARKET ,sTREET. CAMP KILL, PA 17011
. or at a different place if ~ed by the Note Holder.
(8) Amount of Monthly Payments
My monthly payment will be in the. amount of U.S. $
1,950.12
4. BORROWER'S RIGHT TO PREPAY
I ha.ve the. right to make payments of principal at any time before tMy are due. A payment of principal only is knoWn
as a. "prepayment." When I make a ptepayment, 1 will tell the Note Holder in writing thai: 1 am doing so.
I may make a full prepaymem at',partial prep8ymcrtcs without paying'any prepayment charge. The Note Holder will use
all of my I'repayments to reduce the amo_~ of],rincipal that I owe under this Note. If I make a partial ,prepayment,- thete
wilJ be no changes in the due date or' in: the amoum of my monthly payment unless the Note Holder agrees in writing to
. those Changes.
5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum. loan charges. ill finally interpreted so that the .interest or
other loan charges coUctted or to be collected in connection with this toan exceed the permitted limits, then: (i) my such
loan charge shall be reduced. by the amount necessary'to reduce tbe charge to the permitted limit; and (il) any sums already
collected from me which exceeded permiued limits will be refunded to me. The Note Holder may choose to make this
refund by reducing the principal 1 owe under this Note or by making a direct payment to me.. If a refund rec:luces principal,
the reduction will be treated as a partial prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges for OVerdue Payments
lethe Note Holder has not received the full amount ofaay monthly payme.ot: by !be end of Fifeeen (ls}
calendar days after the date it is due. I will pay a late charge to the Note Holder.
Theamoum: of 1M charge wjJl be 5.000 % afmy overducpaymenr of principal and interest.l will pay this
late charge protnptly but only once on each late payment.
(Il) Wault ~
If t do not pay the full amount of each monthly payment Qn the date it is due. I will be in default.
MULTlSTATE BAI..LOON AXED RATE NOT! ~ Single Pamily . FNMA UNIFORM INSTRUMENT
, I'lIQl'oI2.
ct.870 111091.01 VMP MORTGAGEfoRMS. 180Dl1S21-n1l1
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(C) Notice of Default
If I am in default, tbe Note HoLder may send me a wriuen notice telling me that if I do not pay the overdue amount by
a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid
and an the interest the 1 owe on \hat amount. That date must be al least 30 days after the date on which the notice is
delivered or mailed to me. '
(0) No Waiver By Note Holder .
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described
above, the Note Holder will still have the right to do so if I am in default at a later rime.
(E) Payment of Note Holder's Costs and Expenses .
If the Note Holdet has required me to pay immediately in full as described above, tbe Note Holder will have the right
to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law.
Those expenses include, for example, reasonable attorneys' fees.
7. GIVING OFNOI'ICES
Unless applicable law requires a different method, any notice that, must be given to me under this Note will be given by
delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if 1 give the
Note Holder a notice of my different address.
Any notice that mUSt be given to the Note Holder under tbis Note will be given by mailing it by first class mail to the
Note Holder at the address stated in Section 3(A} above or at a different address if I am given a notice of that different
address.
8. OBUGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each penon is fully and personally obligaled to keep aU of lh.e promises made
in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, ~urety or endorser of this
Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a
guarantor, surety or tndorser of this Note, is also obligated to keep all of the promises made in this Note. The Note
Holder may enforce its rights Wlder this Note against each person individually or against all of us logether. This means
that anyone of us may be required to pay all of the amaunts owed under this Note.
9. WAIVERS
I and any other {Wfson who has obligations under this Note waive the rights of presentment and notice of dishonor.
"Presentment" mew the light to require the Note Holder to demand payment of amounts due. "Notice of dishonor"
means the right to require the Note Holder to give notice to other persons that amo~s due have not been paid.
IO.UNlFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to
the Note Holder undet this Note, a Mongage, Deed ofTl'U3t or Security Deed (the "Security Instrument"), dated me same
date as this Note. protetts the Note Holder from possible losses which might result if I do not keep the promises which 1
make in this Note. That Security Instrument describes how and under what conditions I may be required to make
immediate payIiient in full of all amounts I owe under this Note. Some of those conditions are described as follows:
Transf~ or the Property or a Beneficlallnterest: in Borrower. If all or any part of tbe Property or any
interest in it i.ll sold or transferred (or if a beneficial inter~ in Borrower is sold or transferred and Borrower
is not a natural person) without Lender's prior written consent.l..ender may, at its option, require immediate
payment in fun of all sums secured by this Security Instrument. However, tliLs option shall not be exercised
by Lender if exercise is prohibited by federal law as of the date oflbis Security Instrument.
If Lender exercises this option, Lender shall give Borrower norice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is delivered or mailed within which
Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to
the expiration of this period, Lender may invoke any remedies permiued by this Sa:urity Instrument without
further notice or demand on Borrower.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
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PAYT01HEORDEROF .
TMSMORTGAGE;INC.,
A New Jersey Corooratlon
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(S<al)
".Borrower
WITHOUT RECOURSE
~'INC.
Without recourse, pay to the" order of
Aurora Financial Grou~, Inc. by:
(Seal)
-Borrower
(Seal)
-Bomwer
PI\YTO THE OROIiSlirfV7jginal Oniy)
EASTERN MORTGAGE SERVICES. INC.
\"'iTHOUT REC:; .>l~l5"
AURml,6, FINANC~A!_ GllROU'I" t.\lC..
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COREETTA M. STRING
Pennsylvania State Bank
Pd.. M..
;tc~~~ - MARKET MANAGER
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Pat!,2 of 2
Form 3260 3/87
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One. Center, 1617 f.F.K.. Boulevard, Suite 305 .
Philadelphia, Pennsylvania 19103
(215) 496-0900
FAX (215) 496-0904
RECORD OWNER AND LIEN CERTIFICATE
Effective Date: 8/14/99
Order Number:
Client Number:
A34767
1513-270
Premises:
257 NORTH 24TH STREET, BOROUGH OF CAMP HILL
CUMBERLAND COUNTY.
PENNSYLVANIA
Based upon the examination of evidence in the appropriate public records, Company certifies that
the premises endorsed hereon are subject to .the liens, encumbrances and exceptions to title
hereinafter set forth. This Certificate does not constitute title insurance; liability hereunder is
assumed by the Company solely in its capacity as an abstractor for its negligence, mistakes or
omissions ina sum not to exceed Two Thousand Dollars.
DESCRWI'ION
ALL THAT CERTAIN lot of land situate in the Borough of Camp Hill,. County of Cumberland and
State of Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the eastern line of Twenty-fourth Street, said point being sixty (60) feet
measured southwardly along the eastern line of Twenty-fourth Street from the Southeast corner of
Twenty-fourth Street and Lincoln Street; thence in an easterly direction along a line at right angles
to Twenty-fourth Street one hundred forty and five one-hundredths (140.05) feet to Low Alley;
thence in a southerly direction along the western line of Low Alley fifty (50) feet to a point; thence
in a westerly direction along a line at right angles to Twenty-fourth Street one hundred forty and
five one-hundredths (104.05) feet to Twenty-fourth Street; thence in a northerly direction along the
eastern 1ine,.of twenty f9'~$treet fifty (50) feet to a point or place of beginning.
BEING Lots Nos. 51 and 52, the northern three and thirty-five hundredths (3.35) feet of Lot No. 50
and the southern six and sixty-five one-hundredths (6.65) feet to Lot No. as shown on a plan of lots
laid out by H. C. Zacharias in the Borough of Camp Hill, said plan being recorded in the
Cumberland County Recorders Office in Plan Book 1, Page 1.
.
.
HAVING thereon erected a two-story brick dwelling house No. 257 North 24th Street, Camp Hill,
Pennsylvania.
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Date: 8/16/99
ACT 91 NOTICE
TAKE~ACTION TO.SA VE .YOUR
HOME FROM FORECLOSURE
This is an official notice that the mort!!:a!!:e on your home is in default. and the lender intends
to foreclose. Specific information about the nature ofthe default is provided in the attached
~.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) may be able to
help to save vour home. This Notice explains how the pro!!:ram works.
To see ifHEMAP can help. vou must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou
when vou meet with the Counselinl! Al!encv.
The name. address and phone number of Consumer.Credit CounseIin!!: A!!:encies servin!!: your
County are listed at the end of this Notice. If vou have any auestions. you may call the
Pennsylvania Housin!!: Finance Al!encv toll free at'l-800-342-2397. (Persons with imDaired
hearinl! can call (717) 780-1869).
. This Notice contains important legal information. If you have any questions, representatives
at the Consumer Credit Counseling Agency may be able to help explain it. You may also want
to contact an attorney in your area. The local bar association may be able to help you find a
lawyer.
. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU
DERECHO A CONTINUA,R VIVIENDO EN SU CASA. SI NO COMPRENDE EL
CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA JE[OUSING
'FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES
SER ELEGmLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUA,L
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU
HlPOTECA.
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HOMEOWNER'S NAME(S): Robert A. Hopper
PROPERTY ADDRESS: 257 North 24th Street, Camp Hill, Pennsylvania 17011
LOAN ACCT. NO.: 40404907
ORIGINAL LENDER: Pennsylvania State Bank
CURRENT LENDER/SERVICER: TMS Mortgage Inc., d/b/a The Money Store
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
,
YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR
HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE
MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
. IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND
YOUR CONTROL,
. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY
YOUR MORTGAGE PAYMENTS, AND
. IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED
BY THE PENNSYL VANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay
offoreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time
you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling
agencies listed at the end oftbis Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT
(30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE,
YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE
CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT," EXPLAINS HOW TO
BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELINGAGENCIES--Ifyou meet with one of the consumer cre,dit
counseling agencies listed at the end of this notice, the lender may NOT take action against you for
thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of
designated consumer credit counseling agencies for the countv in which the propertv is located are
set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise
your lender immediately of your intentions.
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APPLICATION FOR MORTGAGE ASSISTANCE-- Your mortgage is in default for the reasons
set forth later in this Notice (see following pages for specific infonnation about the nature of your
default.) If you have tried and are unable to resolve this problem with the lender, you have the right
to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program.
To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program
Application with one of the designated consumer credit counseling agencies listed at the end of this
Notice. Only consumer credit counseling agencies have applications for the program and they will
assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your
application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO, OR IF
YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN TillS LETTER,
FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR
APPLICATION FORMORTGAGE ASSISTANCE Wll.L BE DENIED.
AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will
be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania
Housing Finance Agency has sixty (60) days to make a decision after it receives your application.
During that time, no foreclosure proceedings will be pursued against you if you have met the time
requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance
. .
Agency of its decision on your application.
.
NOTE: IF YOU ARE CURRENTLY .PROTECTED BY THE FILING OF A
PETITION IN BANKRUPTCY, THE FOLLOWING PART OF TillS NOTICE
IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE
CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.)
HOW T().CURE YOUR MORTGAGE DEFAULT (Brin!! it UP to date):
NATURE OF THE DEF AUL T --The MORTGAGE debt held by the above lender on your property
located at: 257 North 24th Street, Camp Hill, PA 17011, IS SERIOUSLY IN DEFAULT because:
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A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following
months and the following amounts are due:
May 1, 1999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,950.12
June 1, 1999 ................................................... 1,950.12
July 1, 1999 .................................................... 1,950.12
August 1,1999 ................................................. 1,950.12
Late Charges at $97.51 assessed on
the 16th day after payment is due. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 477.55
NSF Check Fees .................................................. 45.00
Other Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. 10.00
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $8,333.03
HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS of the
date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER,
WIDCH IS $8,333.03, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH
BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavments must be made either bv
cash. cashier's check. certified check or money order made payable and sent to: TMS Mortgage Inc.,
d/b/a The Money Store c/o The Money Store, 4111 South Darlington, Suite 800, Tulsa OK 74135.
IF YOU DO NOT CURE THE DEFAULT--Ifyou do not cure the default within THIRTY (30)
DAYS of the date of this Notice, the lender intends to exercise itsril!hts to accelerate the
mortl!al!e debt. This means that the entire outstanding balance of this debt will be considered due
immediately and you may lose the chance to pay the mortgage in monthly installments. If full
payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also
intends to instruct its attorneys to start legal action to foreclose upon your mortl!:a~ed uropertv.
IF THE MORTGAGE IS FORECLOSED UPON.. The mortgaged property will be sold by the
8heriffto pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the
delinquency before the lender begins legal proceedings against you, you will still be requited to pay
the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal
proceedings are started against you, you will have to pay all reasonable attorney's fees actually
incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount
you owe the lender, which may also include other reasonable costs. If YOU cure the default within
the THIRTY (30) DAY period, YOU will not be required to pay attorney's fees.
OTHER LENDER REMEDIES.. The lender may also sue you personally for the unpaid principal
. balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--Ifyou have not cured the
default within the THIRTY (30) DAY period and foreclosure proceedings have begun, vou still have
the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale.
You may do so by paying the total amount then past due. plus any late or other charges then due.
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reasonable attorney's fees and costs connected with the foreclosure sale and anv other costs
connected with the Sheriff's Sale as sDecified in writing by the lender and by performin@: any other
reauirements under the mortga~e. Curing your default in the manner set forth in this notice will
restore your mortgage to the same position as if you had never defaulted.
EARLIEST POSSmLE SHERIFF'S SALE DA TE--It is estimated that the earliest date that such
a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from
the date of this Notice. A notice ofthe actual date of the Sheriff's Sale will be sent to you before
the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may
find out at any time exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender:
Address:
Phone Number:
Fax Number:
Contact Person:
TMS Mortgage Inc., d/b/a The Money Store c/o The Money Store
4111 South Darlington, Suite 800, Tulsa, OK 74135
(918) 280-2700 or (888) 791-2070
(918) 280-2719
Don McAdams, Litigation Officer
EFFECT OF SHERIFF'S SALE-- You should realize that a Sheriff's Sale will end your ownership
of the mortgaged property and your right to occupy it. If you continue to live in the property after
the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started
by the lender at any time.
ASSUMPTION OF MORTGAGE..You mayor _X_ may not (CHECK ONE) sell or
transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the
outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that
the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS
DEBT
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE5AME POSITION AS IE.NO DEFAULT
HAD OCCURRED, IT YOU CURE THE DEF AUL T(HOWEVER, YOU DO NOT HAVE THIS
RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR
YEAR.)
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TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING
OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS,
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOUMA Y HAVE TO SUCH ACTION
BY THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
CUMBERLAND COUNTY
cccs of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA .17102
(717) 541-1757
Urban League of Metropolitan
Harrisburg
N. 6th street
Harrisburg, PA 17101
(717) 234-5925
FAX (717) 234-9459
Community Action Comm of~the Capital
Region
1514 Derry Street
Harrisburg, PA 17104
(717) 232-9757
FAX (717) 234-2227
Financial Counseling Services of
Franklin
31 West 3rd Street
Waynesboro, PA 17268
(717) 762-3285
YWCA of Carlisle
301 G street
Carlisle, PA 17013
(717) 243-3818
FAX (717) 731-9589
Adams County Housing Authority
139-143 Carlisle st
Gettysburg, PA 17325
(717) 334-1518
FAX (717) 334-8326
Consumer Credit Counseling Agency
Notification To:
Date:
Name of Mortgagee:
Address:
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In accordance with the Pennsylvania Homeowner's Emergency Mortgage Assistance Program (Act 91
of 1983), we have been approached for mortgage counseling assistance by:
Name of Applicant
Address
Telephone Number
Mortgage Loan Number
Address of property on which mortgage is in default,
if different from above.
The counseling agency met with the above named applicant on
Date
who have indicated that they are more than sixty (60) days delinquent on their mortgage payments
and have received notification of intention to foreclose from
Name and Address of Mortgagee
In accordance with the Homeowner's Emergency Mortgage Assistance Program, this is to inform you
that:
1. If the delinquency cannot be resolved within the 30-day forbearance period as provided by law,
the applicant listed above may apply to the Pennsylvania Housing Finance Agency for Homeowner's
Emergency Mortgage Assistance.
2. By a copy of this Notice, we are notifying all other mortgagees, if any, which the applicant has
indicated as also having a mortgage on the property identified above.
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3. It is our understanding that the 30 day forbearance period in which we are now in ends
on
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4. No legal action to enforce the mortgage may occur during this forbearance period, unless
procedural time limits were not met by the homeowner.
Name of Counseling Agency:
Signer and Title:
Telephone Number:
Address:
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